E 473 --— .^-__-_--___-_^^ 

.31 

PROCEEDINGS 



OF A 



COURT OF IN QUIRT 



■X; 



IN REGARD TO REPORTS MADE BV 

MAJ. M. J. McCAFFERTY AND OTHERS, 

/ 

OF MISCONDUCT AT THE 

BATTLE OF EOANOKE ISLAND FEBRUAEY 8, 1862, 

BY 

(J/\PT. V.'^P. PARKHURSi; 

Co. I, 2i>tJi Megiment, Mass. Vols. 



ORDERED ON THE DEMAND OF CAPTAIN PARKHURST. 



FITCHBURG: 

CURTIS AND BUSHNELL, PRINTERS, 
1864 



.31 



I 






introduct: 



-=-=58^ 

" What is said of a man often has as iniicli inflncnce on 
his charaetcr, and especially on his destiny, as what he does." 

riciar Hvijo. 

1 have not sought the notice of the public, but unprincipled 
men have made my name notorious without any agency of mine, 
and I am under no obligations to suffer this v/rong myself, or 
allow my friends to be thus outraged,' without defence : and it 
was a duty to men in the army to expose this conduct : for if such 
conduct can be practised with impunity, the reputation of every 
officer and man in the army is at the mercy of any 7nalicious char- 
ixcter with whom he may be compelled to associate. . 

It is about two years since the main circumstances which gavt' 
rise to these proceedings took place. This delay I feel has been 
a great injustice to me, but I have been compelled to submit to 
it. I made my demand for a Court of In(|uiry, on the 23d of 
Jvdy, 1862, at the earliest opportunity after 1 became aware of the 
occasion for it. Circumstances beyond my control delayed the 
meeting of the Court to examine the case any further than to send 
for the affidavits of my accusers, until the 6th of January, 186;i. 
Before I had examined all the witnesses I wished to introduce, 
the Court was adjourned for some movement of the troops to 
which the officers of the Court belonged, and the members couhi 
not be brought together again. 

I have made repeated applications to have it re-organized and 
the case brought to a conclusion, but never succeeded : and iji 
January last the Comdg. Officer declined to order any further 
proceedings. I have since employed the few opportunities that 
have occurred, to collect and copy the papers for tiie printer. 

I desired to have the subject examined and decided by milita- 
ry officers ; but the principal point in the case is ti;e truth of the 
assertions of my accusers, and it does not recpiire a knowledge of 
tactics to decide that. The evidence on the main points is so 
conclusive that the ab.scnce of that I wished to introduce is not 
material to the general merits of the case, and i am confidents 



' ,'-7 

7 



that nothing further will be required by any disinterested person 
to understand the main facts in the case. 

Tlie chief sup])()rt of the nitatements of my principal accusers in 
public opinion, is derived from the very fact of total destitution of 
any foundation in fact whatever. It is so seldom that men are 
found of such complete destitution of all sense oi' lionor or moraU 
ity as to make important statements withou! onie facts which 
may be cited to give color to them, that pe^ijle are reluctant to 
believe that such statements have jio founda'ion. The evidence 
is lengthy, and some of it may appear to be irrelevant, but this 
could not be avoided from the fact tliat 1 knew A' ry little v.hat a 
witness would say before he was called. Tlie course which my 
accusers had pnrsucd warned me that ( wtything would be seized 
upon to sustain them : and as my witnesses were mostly men of 
niy own company, if I exercised my right to ascertain \ h;Ti; they 
would say before, it would be raised as an objection to '.heir cred^ 
ibility. 1 do not I'cgret having pursued this foiLVse : th- evidence 
given in this way cannot be impeached, and the jiunibev and char-, 
acter of the witnesses, and the concurrence of their evidence, es- 
tablish the main points beyond denial. 

I have given the proceedings taken liom the official records, 
except a few orders and matters of routine which had no braving 
pn the case. The statement made to the Court at the commence-, 
ment of the defence, and tlie remarks for tlie deience, were 
mainly written out expecting to lay them before the Court : but 
the adjournment prevented, and are liere inserted in llieir ircper 
places. 

The efibrts and expense to secure and publish this exam. ;ia lion 
will be a sufficient answei- to the rejtort that I tried to prev. ntthe 
facts being known. My accusers may enjoy what pleasure they 
'an derive from their unprovoked slanders. 

A few years since an officer was dismissed from the Briti-1 
service for giving " incredible" evidence before a Court ' Martial. 
It is not yet decided how much falsehood the honor and morals ol 
the American service will t olera te in o(§££i»: — ■ — ^ _^ 

[have sought by all proper means to avoid any difficulty with 
any officer, and especially with such as have no regard for truth ; 
but such usually require no provocation. This has been forced 
upon me, and I only regret that I have been denied tlie opiiortu- 
uity of meeting them more directly. 

V. P. I'AllK HURST, 

Capt., Co. L 2otli /»V«/., Mass. roJs. 

Portsmouth, Va., April, 18G1, 



PROCEEDINGS OF A COURT OF INQUIRY 

lield at Ncwbern, N, (\, by virtue of the following Order : — 

SpFX'IAL OKDEK, \ HkA1> (iUARTKRS I8tll AllMY CoKI'S, 

No 0. j Newhern/N. C, Januarij 5lh, 1863, 

The < 'onrt Mi Inquiry appointed by Special Order No. 1 and 
2, datcil Aug. otli. Mead Quarters Dept. of North Carolina, is 
hereby di-solved, 

A Court of Inqiury is liereby apji.ointed to meet at the Jail on 
Craven Street, at 10, A. M., tomorrow the 6th of January, to ex- 
amine and report upon ihe conduct of Captain V. P. Parkhurst, 
25th Mass. Vols., at the battleof Roanoke Island, with ppwer to use 
the Affidavits procured by the Court appointed l)y the above men- 
tioned orders, 

DETAIL FOR THE COURT. 

1. Ma.t. i:. A. HARKNESS, 51st M. V. M. 

2. Capt. O. MOUI/rON,'^ 2oth Mass. Vols. 

3. " E. S. GREELEY, 10th Conn. " 
Lieut. MASON A. RB^.24th Mass. Vols., Recorder. 

\\\ CoMii. Bhig. Gen. NAGLEE, 

Ci^iiuhj. 181/1 Arxrif Cor>-. 
John F. Axi^v^hson, .Vet, A. A. H. 

The Court asjicmbled j-.-i'Miaut to the above order, on the G.li 
day of January. Capt, V i". Parkhnrst, 25th Mass. Vols., came 
before the Court, and ha^-ug heard tlie ahove Order-No. J-^ead, 
was asked if lie had atiy objection^ to any member named therein; 
to Avhich he/eplicd that he wishevl : j put the followirtg question 
to Maj. llarkness : — " Have you lormed any opinion, or have yc, 
any feelings tovvardii' either the accusers or acciuvi, ihat wdl 
interfere with a fair and impartial he;'.ring and decision of the,- 
case ? " 

Answer. No, sir. 

Capt. Parkhurst then put the same question to Capt. Moulton. 
who, in answer, asked to be relieved from serving, which Avas 
done. Capt. Parkhurst liad no objection to Capt. Sinionds. The 
C'ourt was then duly sworn by the Judge Advocate, and the 

*Capt. J. 11. SiMONDS, 17th Mass., substituted. 



-iudgc Advocntf wm.-; duly sworn by the rrcsidcnf of tlic Court 
iu the presence of the accused. 

The Recorder then introduced the following Affit'tivits as evi- 
•dence for the accusation: 

COMMONWEALTH OV MASRACHUSKTTS. 

, WoRCESTKi:, SS, 

I. Matthew J. McCaiferty, late Major of the 25th Keg., Mass. 
\'ol^.. now- of Worcester, in the County of Worcester, and Com- 
monwealth of ]\Iassachusetts, being duly sw^orn do de])ose and 
^ay : — that I was in command of the left wing of the twcnty-flfih 
regiment Mass. vols, on the day of the battle at Roanoke Island. 
!hat I was ordered by Col. Edwin Upton th<' comnuinds r of said 
ri'giment, to march my left wing into the marsh and form a line 
(if battle : that in conse(}uence of said ordei- and in executiou 
thereof, 1 passed dowii the line and ordered the Cajitains to marcli 
iheu- companies into the woods. As 1 apjironchcd Ca])r. V. P. 
I'arkhurst. I said to him, marcli your company in Cai)tain, by the 
front: and the said ('apt. V. P. Parkhurst said inrejily, (stepping 
at the same time out of liis place) Major, it is only sending my 

men in there to be slauglilered, their guns are not worth a d n, 

I ordered ]\m to take his company in ; that this was not the time 
to talk about such things. The above conversation was in the 
presence of 1 lie com])auy. I then ])asscd to the other companies, 
and returning, went into the swamp : upon reaching the centre of 
the left I foinid a portion, only, of the seventh company. Soon. 
Capt. Denney with his command arrived and formed on. iSoon 
after followed Co. I, under the command of Lieut. Smith. Lieut. 
Smith en(piired of me as to the whereabouts of Capt. V. P. Park- 
hurst, and desired to know what he should do. I informed and 
ordered him to take command of Co. T. I did not see Capt. V. P. 
Parkhurst during the time we were in the engagement, but saw 
him afterwards upon the road where the regiment rallied. I im- 
mediately enquired of Lieuts. Smith and P>ufFum, tlie Lieuts. of 
Co. L and reported the fact- verbally to Col. Edwin I'pton, and 
Lieut. Col. Sprague., on Roanoke Island, soon after the surrender 
of that Island to our forces. Lieut. Smith informed me that he 
was in command all the time that the company was under fire ; 
and Lieut. Buffuin, that he did not sec Capt. V. P. Parkhurst 
during our part in the engagement ; and those facts substantially 
with what came under my own observation, I narrated verbally to 
Cols. Upton and Sprague. 

M. .]. McCAFFEKTY. 



Worcestp;r, ss. 

Subscribed and s\v(;rn to this eighteenth .day of August, A. D., 



1;8G2, before me. 



STEPHEN P. TWISS, 

Just.icc. of the Peace. 



COMMONWEAETH OF MASSACHUSETTS. 

WoiiCKSTER, SS. 

Ctt\ of Wor€EvSter, Au.<). 20, 1862, 

I, James B. Smith, of North Cambridge, County of IMiddlesex, 
in said state, late 1st Lieut., Co. I, 25th Reg., M. V., being duly 
sworn do depose and say: — that early in the morning of Feb. 
Bth. 1862, the 25th Reg. M. V. left its place ofbivouack. After 
having passed one ox two males up a narrow road, the regiment 
halted. We were soon faced to the front, and ordered to pene- 
trate the woods ; formed in line of battle, whereupon Capt. V. P. 
Parkhurst said to Major McCatferty in the presence and hearing 
<)f his men, that it was murder to go forward when their guns 
were in the condition they were at that time. When m'c reached 
the place where the regiment commenced tiring, the companies 
had become somewhat separated. When Capt. V. P. Parkhurst's 
company came up, Major iNIcCafferty ordered it to form on the 
left of those already in line. As Capt. Parkhurst did not give the 
necessary command to the company, and I did not see him, I 
asked Major McCafterty if he knew where Capt, Parkhurst was ? He 
said he did not, and ordered me to take command of the compa- 
ny, which I did. After taking command of the company, I 
neither saw Capt. Parkhurst, nor heai-d his voice, until after the 
25th Regt. had reached the road where it was ordered when its 
ammunition had been expended ; at least one and one hali, or 
two hours after we had fired the first volley. I did not reach the 
road until the regiment had been there a considerable time ; be- 
ing detained in collecting the company which at the time the or- 
dei- was given, was deployed as skirmishers. When I did reach 
the road I found Capt. V. P. Parkhurst there with a very few of 
his men ; not more than six or eight. And further Deponent 
saith not. 

J. 15. SMITH, 
Late Lieut, Co. I, 2oth liey., M. F. 



6 

WORCESTKU, SS. 

An;j7id 20, 1862. 

Then personally appeared tlu^ above named -f. B. Smith, and 
made oath that the i'acts set forth in the above affidavit by him 
fiubseribed, are true. Beibre iqe, 

GEOIUJK SWAN, 

Jiinfic III fJir, Pi a<-c. 



COMMONWIvVl/ni OF MA^SArnnSls'ITS. 

WOKCKSTEK, SS, 

.hKjHtit 20, 1862, 

I, Aijios jhitfum. nl" Templeton, of said ('oiuity, under oatb d(j 
depose and say: — that at the time of tl-.<- battle of IloMuoke 
Island. I was 2d laeut. of Co. I, 2oth Reg.. .M. \'. : that when 
we arrived near llie battle field, we were ordered to ipareh in line 
of battle through llie brush. When this order was given ('apt, 
l^arkhurst said that one half of his gui)s could not be got off. VVe 
moved through the brush, and when we got out where the lins; of 
battle was being formed, Capt. Parkhurst eame from his place 
and requested nie to take his place while he went to the right i)f 
the company, as he said, to hear the ord^^i's belter, i did so. and. 
we moved towards the Battery very ra])idly for about ibrty rods. 
I did not see Capt. Parkhurst again until all the regiment rigli! 
of our company had been withdrawn some twenty minutes. I tlii ii 
saw him with about fifteen men, and told hipi that the regiment 
had fallen back. He left immediately with that portion of ihu 
men with him, leaving the rest of tlie company firing, on the liim 
of battle ; and without orders from him, Lieut. Smith and myself 
collected the rest of the company and re-joined the regiment, 
where we found Capt. Parkhurst, and the men who left with liim. 
And further l^eponent saith not. 

AMOS BUFFUM. 

WoRCESTEK, K.S. 

Au<imt 20, 18G2. 

Then personally appeared the above named Amos Butfum. and 
made oath that the foregoing statements by him subscribed, were 
true. Before me, 

GlsOKGE SWAX. 
Justni njiht J'eai'<\ 

The Recorder had no further evidence to introduce, and the 
case for the accusation was closed. 



The defence was then taken up. Capt. l^arkiiurst offered to . 
state to the Court the facts hi relation to the battle, which he 
hoped to prove, and the line of defence which he proposed to 
adopt. The ('ourt being cleared, the question as to its being al- 
lowed was discussed, and the Court decided to liear the State- 
ments of Capt. Parkhurst, provided the facts were reduced to- 
writinjij and handed in after the evidence was all in. Capt. Park- 
hurst then made t!i' following 

STATEMENT: 

Mr. Pui'isiDENx Axi) Gentlemen of the Coukt : 

Having nothing to conceal in regard to my conduct at Roanoke, 
or anywhere else since T have been an officer in the army, I am 
very willing to disclose in the outset, the defence I propose to. 
miike, and tlie facts I expect to prove, to give up entirely any ad- 
vantage that might result to me by concealing any point in ad- 
vance, or raising any technical questions in my defence. I have 
endeavored to perform faithinlly all duties assigned me, and shall 
rely upon fair and lionest means to protect myself from the low 
malice and ambition that have instigated these foul charges. 

Tlie facts in ti)e ease which I hope to establish, are these : 
Early on the morning of the battle of Hoanoke Islartd, — Feb. 8th, 
1.SG2 — 1 ascertained that many of the guns of my company had 
become so \vet by the rain of the previous night, tliat they could 
not be discharged. I immediately took such measures as were 
necessary to put them in order, and continued my efforts while 
on the march which conimcnccd soon after. 

In crossing the ford about a mile out. distances were losi and 
my company became saparated a little trom those in advance, and 
I hurried on and eam(? up witli Co. K, just as they were leaving 
t!ie road to go into the swamp oii the left. 

Col. Upton himself gnve tlie order to inart-h into the swamp 
n:id form line of battle across the roar). I did not receive any 
order whatever from Mtij. Mc( 'affert) . J had lio conversation 
W'hatever wdth him, and did nor notice him at all at that time. I 
made no such remarks as McCafferty and Smidi relate in their u;n- 
davits, to any one wdratever, at any time. 

On receiving tlie order I imuicdiatcdy orde;-:d my company in 
the direction indicated, myself leading the way by the right of m) 
company. We soon came where tlic brush w^as almost impene- 
trable, and I directed my course toward the point indicated by the 
Col. as near as I could, and fell in with a few men of Co. K, — 
Capt. Denny — my company becoming separated in getting through 
the brush — about a dozen being in the squad with me. After 
passing thirty or forty rods, we came where it was a little more 



■8 

open : my company came together and I discovered the compa- 
nies on the right of mine forming in line of battle; saw Liect. 
iSmith by tlie k^ft of the company. I was by the right, anddirect- 
.ed my company to move to the left to their place in line on the 
left of Co. K. I passed directly behind Maj. McCafferty, who 
was standing in rear of the left of Co. K. 

]My comi:)aiiy had just got into their position when Co. K niid 
those on the right commenced firing ; and supposing that I should 
receive similar orders, took my position behind the center of iny 
company. Smith was at the left of the company, and liuffum at 
the right, not appearing to be remarkably cool, either of them • 
while JMcCafferty was behind the left of Co. K,, shouting, swear- 
ing, firing his pistol in the air, and behaving in a very strange 
and excited manner. I remained here a short time, but received 
no orders, and preceiving the difficulty of hearing them, I went 
to the right and directed I>ieut. liiiffum to take my place, as he 
has stated, then went up to Maj. McCaiferty and made inquiries 
of him in rcgai-d to the situation of aflairs, but received no deffi- 
nite answers from him, and immediately went back and sent 
Lieut. Buffum again to his place by the right of the company, and 
instructed him and Sergts. Ileald and Nichols, to repeat any 
orders tliey heard given. My company at this time was so far in 
advance of those to the right, that it could not advance any 
further till those on the right did, without coming under their ob- 
lique lire. As soon as those on the right advanced, I ordered my 
company forwai'd, and we advanced through the brush in an 
oblique course, and my company became crowded between K and 
H which had now got into position on my left ; and I went to the 
left and asked Capt. Moulton to move his company fartlier to the 
left to give room for my company to get into line, and spcke to 
Lieut. Smith to the same point, then went along toward the right 
directing the movements of the m.en so as to get them in their 
proper |)Osition as far as possible. 

A little before arriving at the edge of the clearing orders were 
given to commence firing. I ordered my company to fire, and 
they did so, advancing to the edge of the clearing. After liring 
two or three times, an order was passed along to " cease firing ;" 
then instructions to " fire when you see something." Tliis ren- 
dered further "ordering" unnecessary, and I immediately went 
to the extreme edge of the woods, and discovered th«^ enemy in 
the bushes opposite, at a distance which 1 have since asccrtaim-d 
to be less than thirty-five rods, and their battery about thirty rods 
to the left. 

1 passed along toward the left to get a better view of the ene- 
my's position. In the course of a vei'y few minutes, Levi IJall, 
standing two or thretJ paces to my right, was shot. 1 spoke witii 



him and directed some of my men near to carry him out ; William O, 
Bickford was one : then took Bickford's gun and engaged in the 
fight, getting one or two cartridges from Francis Barnes who was 
near. 

The 21st Reg., M. V., soon came in our rear, and some of them 
said our regiment had heen ordered out, and some that they had 
gone round tlie other side. I looked across the clearing and sa^v 
some men going into the woods on the right of our artillery which 
I thought to he our regimeirt moving to another position, for \vc 
had hred only a few rounds, not more than ten or twelve ; \vhich 
fact I knew from the mmiber of cartridges required to fill up t!ie 
boxes of my company a few days afterwards ; and retiring at that 
time was wholly unexpected to me. On going a few steps to the 
right,. I found that part of my own company had gone ; and 1 
hastily gave orders for them to move to the right, and told those 
near me to pass it alcftg, and immediately started in order to ovei- 
take those who had gone, supposing that those behind would 
follow, as all near me started at the same time. I went directly 
to the right in the most convenient way, near the edge of the 
brush where the line of battle had been, sto]3ping a moment as I 
passed Ball, and Corp. INIann of Co. H who was wounded and 
Calling for something to drink, and gave him some brandy and 
water I had carried for that purpose, and directed those with me 
to carry out Ball if they could, as those who first took him were 
nnable to carry him farther ; then passed on, coming out into the 
road directly by Gen. Foster who was sitting on a stump near our 
artillery ; and saw, as I came into the road, our regiment lying 
down by the road several rods to the rear. I went back towards 
them and met Col. Upton, who told me they had been ordered out 
sometime before. This was the first that I knew that our regi- 
ment were not still engaged. I went back arid found apart of my 
men, and in a short time Lieuts. Smith and Buffum came oiit to 
the rear of the regiment Avith about half the company, and re- 
joined the others. I attended to my wounded men what I could 
while we were waiting there. 

If there was any reason for Smith and Buftum to take the 
left of tlie company and run back into the brush with them in- 
stead of following me, except that it was a much safer course to 
travel, I never have learned it. This division of my company in 
retiring from the line, was tlie only circumstance that could ever 
have given rise to the least suspicion of unfaithfulness on my part; 
and it A\dll be noticed that these accusations covie from the very 
men whose conduct caut'ed this. J\laj. McCafierty never stirred' 
from behind Co. K to know what was going on in the rest of liis 
wing, and went out leaving not only mysdif and part of my com- 
pany, but Capt. Moulton and his company, without any notice of 

3 



10 

the orders to retire. I did not know that any one accused nie of 
any misconduct until Sunday the 9th day of Marcli, -when 
McCafi'erty became veiy much enraged because I reported to Col. , 
l'])ton the groundless arrest of tifteen men of my company by 
McCaflerty, and the Col. ordered their release : and McCafferty 
for want of .sometliinjj; relo.vant to the subject, made ;; twit of my 
being absent from my company at the battle, which I promptly 
denied, and chaliengxcl lum to ])ut me before a Couit Martial, but 
he vented liis rage by tendering his resignation, and refusing to 
allow me to go back lo the schooner in the boat with him ; and 
from that timr he went about uttering the mc-t unfounded and 
shameless falselioods tliat he could devise, wherever l)c could find 
an officer to listen to him, in the army ; and aiter he was discharg-r 
ed, in tlie streets, offices.^ and public asseml)lies of the Cify of 
Worcester. Smitli tendered his resignation tiie next day nftcM' 
McCafferty, but refused to give nie any reason whatever for Tioing 
it, and began to try to make trouble in my company, when, on the 
12th of Marcli. I gave him a written request to leave my conipany 
at his earliest convenience. 

On the 14tli of March I was wounded in the battle of Newbern, 
and a few days after sent home to Templeton, Mass., where 1 
soon learned something of the base falsehoods these Dfficers had 
put in circulation, and returned to Newbern lo my regimer^r as 
soon as I was able to go without crutches, arriving on tlie l-ith 
of July. Smith had learned that T was on my way back, and iu'-. 
mediately resigned and left Newbern before I arrived. As my 
cowardly accusers had all fled, I demanded a Court of Inquiry on 
the 23d of July, and if I have done anything unbecoming an 6V':\. 
cer, will try and have it established by respectable authority ; au;l 
if I have not done these things, my accusei'S may wear the di.s-. 
grace which public opinion may fix on such slanderers. 

The Court met ]nirsuant to adjournment at 2, ]•*. M., and the 
evidence for tiie defence was taken up. Capt. Parkhurst con- 
ducted his own defence. 

Lieut. JOHN W. DAVIS, Co. I, 2yth Keg., Ma.ss. Vols., was 
called and sworn. 

By Capt. Pakkhtjrst : 
Q. Was you a member of my company at lloanoko Island r 
A. I was. 
Q. What position ? 
A. Orderly Sergeant. 

Q. Was you with the company when ordered to leave the road 
preparatory to going into battle ? 



11 

A. I was. 

Q. Was I near you when that order was given ? 

A. I think you were at the rifi;ht of the company, by my sidw. 

Q. Who gave me that order ? 

A. Col. Upton. 

Q. Wliat did 1 do on receiving the order ? 

A. Immediately ordcu-ed the company in. • 

Q. Did I go mys(;lf at the same time ? 

A. You did. 

Q. Will you please to state what came under your obs(?rvation 
during the battle after we left the road ? 

A. We continued to march forward till we became entangled in 
:he brush, which was so thick we had to resort to cutting it down 
vvitli knives and swords. I continued with Capt. Parkhurst till 
vve came out near tlie <'arth works, when I found myself witii 
Lieut. Smitli. We were ordered to commence tiring, which we 
did, and continued to fire until we were ordered to go out. This 
orde)- came from Jlajor McCafferty. I looked around to see if 
the order was understood. I saw no one higher in authority tlian 
myself, and repeated the order once or twice, and immediately 
flanked and went out. 

Q,. Did we form line of battle before we reached the clearing : 

A. We did not. 

Q. Did you reach a position on tlie left of the 7lh company ? 

A. I think I did. 

Q. Did the 7th company leave tlie road before the 8th ? 

A. The companies on our right moved ofl" in advance, and Col. 
Upton stood near yo\i when he gave the order. 

Q. Did we hall after leaving the road b<'fore wc reach;;;! tlu- 
clearing ? 

A. Only where wv uer ■ .■oniii.-lled to by ti)e thickness of tlie 
brush. 

Q. Did Co. II pass by us a. ;-r leaving tb;- road? 

A. They did. 

Q. Where were we when Co. II pas -: d : 

A. We had then formed line of l)atth'. 

Q. What Avas on our right ? 

A. Co. K. 

Q.. AVill you point out on this map tlie position of the line ot 
battle where Co. II passed as -you understan 1 i! r 

A. On tlie edge of the clearing as slio\\'n in the map. 

Q. Was I with the corapanv when tlie line of battle was form- 
ed? 

A. I should tliink so, as near as my recollection serves me. 

Q. Was Major McCafferty near you at the time the line of bat- 
tle was formed ? 



12 

A. He was in the rear of Co. K. 

Q. Was I there after the line was formed ? 

A. I saw you once. 

Q. Was you on the right of the company all the time ? 

A. All the time with exception of once when 1 stei)ped to . the 
rear. 

Q. Was I witli you when wc passed tkrough the thick brush 
soon after leaving the road ? 

A. You were most of the time. 

Q. Was 1 making proper and reasonable efforts to get througn 
the brush ? 

A. I think so. 

Q. Could one tell under the circumstances just where to go r 

A. We found ourselves at one time in such a position tliat it 
was impossible to see ten feet, the brush was so thick. 

Q. Who, besides, were with us at that time ? 

A. Sergt. Mayo, Corp. Wheeler. 

Q. After or about the time tlie line of battle was formed did you 
see me near Major McCatferty ? 

A. I think not. 

Q. Did you hea^- Major McCafferty give me any orders when 
in the road ? 

A. Did not hear him, 

Q. Did r refuse to go when ordered ? 

A. Not that I know of. 

Q. Did you hear me say that it was " murder to go in there," 
or make any similar remark ? 

A. I did not. 

Q. Did you hear any conversation between Major McC'afferty 
and Lieut. Smith at any time ? 

A. I did not. 

Q. Was Lieut. Smith in command of the company : 

A. I could not say ; he was not in the jjosition of Captain or 
Commander, 

Q. Did you receive any orders frorti him ? 

A. I did not. 

Q. Was the company deployed as skirmishers ? 

A. They were not. 

Q. Did you see Lieut. Buffum at the time when you started to' 
retire r 

A. I did not. 

Q. Did you see Lieut. Smith at that time ? 

A. T did not. 

Q. How many went witli }\>\i ? 

A. I think I reported nine to Col. L^pton when out. 



13 

Q. Could you sec tlu; whole of the company at the time yon 
started to r<'tire ? 

A. I do not thmk I could. 

Q. Had any one been killed or wounded at that time, that you 
know of r 

A. Not tliat I know of. 

Ci. ^Vhere and when did you next see. me ? 

A. At the road when the regiment had assembled, coming from 
towards the Ilos])ital. 

(Cro-.s fxaniined.) 

Q. Do you know certainly wliether Capt. Parkhurst was with 
'.he company at the time wiien the line of battle was formed? 

A. I could not say certainly. 

Q. What was tlie position of Sergt. Mayo and Corp. Wlieeler,, 
in line of formation of the company ? 

A. On the right. 

Q. AVas, or was not, Capt. Parkhurst in his position as cap- 
tain the whole time of the action ? 

A. I did not see him at the tinie the order was given to flank. 

By the President : 

Q. When the order was given to flank did you look for Capt 
Pai-kiiurst ? 

A. I did. 

Q. Where did you look ? 

A. I turned and looked to the rear. 

Q. Could you have seen a person standing in the position of a 
captain of a company Avhile firing ? 

A. I could. 

Q,. You accepted the order coming from Major McCafferty; 
did any commissioned officer accompany you ? 

A. No, sir. I saw company K moving — there were nine men 
of compjiny I that followed me. 

Q. When you saw Capt. Parkhurst iu the road, was, or was 
riot, any one with him then? 

A. My impression is that he was alone. 

Q. Could he have had one-half dozen men with him of com- 
pany I ? 

A. I should have noticed it il" he liad. 

Q. Did you see during the action, either Lieut. Smith or 
liuffum acting as captain ? 

A. I did not. 

Q. Did you at any time excej)t at tlu; tinu' of marching off, 
look for Capt. Parkhurst in the position of a conmiander of a 
company without seeing him : 

A. I do not recollect that 1 did. 



14 

Q. When' you saw Capt. Parkhurst in the road, had Lieuts, 
Smith and Biiffum i-cached the road ? 

A. They were botli back. 

Q. Could Major McCafferty have given Capt. Parkhurst an 
order to leave the road, or any order about that time, without 
your hearing it ? . 

A. I do not recollect seeing Major McCafferty at that time, and 
think he could not have given him an order without my hearing 
him. 

]>Y Capt. Gkkelky : 

Q. How many men of company 1 formed in line cA' battle in the 
clearing ? 

A. Should say two thirds of the compoiiv. 

Q. Where was tlie balance of the compauy when you Icf; with 
the nine men ? 

A. In line of battle. 

Q. How soon after you had joined with the nine men, did the 
balance come in ? 

A. Come in scattering ; some wounded. I did not see Capt, 
Parkhurst with them. 

Corporal H. B. SPOONP]R, of Co. K, called and Mvorn. 
By Capt, Parkhurst : 

Q. Was you with company K at tlie battle of Poanoke Island r 

A. I was. 

Q. What was your position in the company ? 

A. Corporal, at the extreme left. 

Q. Did you see me at the time of leaving the road, or soon 
after ? 

A. Yes, sir. 

Q. What was I doing when you first sav*' me ? 

A. Endeavoring to get through the brush. 

Q. Where did company K form line (^f battle ? 

A. It was out some way in the bushes — cut our way through 
the bushes as well as we could, until about twenty rods from the 
clearing, where we formed. Co. 1 joined us there. 

Q. Did company K fire, before advancing to the edge of the 
clearing ? 

A. They did. 

Q. Do you recollect any thing in relation to the brush near 
.you, where you first formed line ? 

A. I do. I recollect that Major McCafferty was standing near 
ttie and ordered us forward, and we went around ; saw Ca])t. 
Parkhurst at the head of his company. 



15 

Q. How near was I to Major McCafferty ? 
A. Within ten feet, or about that. 
Q. Was there anything to prevent his sechig mc ? 
A. I did not notice it. 

Q. Did I use reasonable and proper exci'tions to get to mj 
proper position after you first saw me ? 
A. Shouhl judge so. 

By the PllESIDENT : 

Q. At Ijie time you saw Capt. Parkhurst at- the right of his 
company, wliile you were passing around the clump of bushes, 
did you see Lieut. Davis, then 1st Sergt., company T ? 

A. Do not rfemember. 

Q. Do you remember any one whom you saw near Capt. Park- 
hurst at that time ? 

A. No. 

By Cai't. Parkhtt'kst : 
Q. Did I d'.'lay unnecessarily in getting through the brush r 
A. Think not. 

At -4-30, P. M., the Hoard adjourned to meet at 10, A. M., 
tomorrow , \\'edncsday, 

The Court met at 10, A. M., Jan. 7th. 

Lieut. J. U. DRENNAN, 2r)th Mass. Vols., called and sworn, 
By Caft. Pakk hurst : 

Q-. Was you at tlie battle of Roanoke : 

A. I was. 

Q. AVliat was your position ? 

A. 2d Lieut., company. K. 

Q. Where was the line of Vwulie formed after leaving the road i^ 

A. Should say some one hmtdrcd and fifty yards back from the 
edge of the clearing in front ox the Battery — -ivas difilcidt to' keep 
the company line together. 

Q. Wliat was (he character of the gruuid p iss'.d over between 
the road and the place where the company v/as formed : 

A. Almost an impenetrable briery swamp ; so rniic':; so tiiafc 
part of the company had to go one way, and part anothei- : being 
delayed v(,'ry much. 

Q,. Was you able to keep the company together passing througli 
there ? 

A. No, sir. 

Q,. Did you, at all tunes, see the other ofliccrs of the com])any ? 

A. No, sir. 

Q. Did Capt. Denny arrive on the line as soon as you did ? 



.16 

A. No, sir, ho did not. 

Q. Did company K (ire any at this place where the line was 
first foriTu'd ? 

A. 'I'hcy did not. 

Q. Did they soon after ? 

A. Yes, .'^ir ; as soon as we commenced advancinji a}id near 
Miat ])lMce. 

(i. What was the. loss- of" company K in the engagement? 

A. Three men wounded. 

Q. Did Major IMcCaifcrfy loose his pistol in the engagement ? 

A. I heard him say he did. 

Q. Was an order in regard to firing passed down the line soon 
'.liter we arrived at the edge of the clearing? 

A. Yes, sir. 

U. What was the order ? 

A. Heard an order from Major McCafTcrty to cease platoon 
firing, butm^re by file, so as not to draw the fire of the enemy's 
Battery, also, as the companies on trie right might hit some of the 
men of tliose on the left. 

Q. What do you iuid3v.stand to be the reason that Capt. Denny 
did not arrive as soon as yourself? 

A. The reason, I suppose, was on account of his being separa.- 
ted from tlie part of the company of wdiich I had control at the 
time in consequence of his inability to get through the brush in 
that direction, I called out as loud as I could his name, and this 
way. Lieut. Harrington was not there, but came into the line before 
Capt. Denny. We w^ere all three separated, and I, finding a place 
large enough to form the co^npany, called them, and they came iix 
from mo~t all directions. 

(Cross examined.) 

Q. Did you see Captain Parkhurst in his position as commander 
of company I, after leaving the road ? 

A. I cannot swear that I did. 

Q. Did you see hira at all after leaving the road ; if so, when ? 

A. I cannot swear I did, because I could not see any one a 
great distance. 

Capt. ORSON MOULTON, 25th Reg., Mass. Vols., called and 
sworn. 

By Capt. PARKHrnsT : 
Q. Was you in the battle of Roanoke ? 
A. I was. 

Q. What was the position of your comjiany in tin; regiment ? 
A. The extreme left. 
Q. Where was the line of battle formed after leaving the road ? 



17 

A. I did not get into line of battle till I reached the edge of the 
clearing. 

Q. Do you recollect that I asked you to move your company to 
the left in order to give room for my men to get into line ? 

A. I do not. 

Q. Do you recollect that I spoke with you in regard to such a 
remark, on Roanoke Island, after the battle ? 

A. I do not. 

Q. Did you find any difficulty in getting through the swamp? 

A. I did ; it was almost impenetrable. 

Q. Did you see me when you passed in rear of my company ? 

A. I did not, to my recollection. 

(Cross examined.) 

Q. Did you see Captain Parkhurst during the battle, in his 
position as commander of his company ? 

A. I do not remember of seeing him at all during the engage- 
ment, but saw Lieut. Smith. 

Q. was Lieut. Smith in command of the company when you 
saw him ? 

A. He was ; that is, he was giving orders as though he was in 
command. 

Q. By what movement did your company leave the road ? 

A. By the left flank. 

Q. Did your company pursue a course in passing through the 
thicket, similar to that pursued by company 1 ? 

A. Cannot tell, as I did not see company I. 

Bt Capt. Parkhurst : 

Q. Where was Lieut. Smith when you saw him ? 

A. He was in the rear of the company, near his position as 
1st Lieut. He allowed that I was in his way, and made consid- 
erable talk about my being in his way, while we were advancing 
in line. 

Q. Are you certain it was not myself who suggested to you the 
matter of getting out of the way ? 

A. Positively certain. 

By Recorder : 
Q,. Did Lieut. Smith suggest anything about getting out of the 
way ? 

A. He did. 

Sergt. J. T. XICHOLS, Co. I, 25th Reg., Mass. Vol., caUed 
and sworn. 

By Capt. Parkhurst : 
Q,. Was you in the battle of Roanoke ? 



18 

A. 1 was. 

Q. What company did you belong to, and what position did 
you occupy r 

A. Company I. I was file closer at the right of the company, as 
5th Sergt. 

Q. Uo you know who gave me the order to leave the road ? 

A. I think, Col. Upton, 

Q. Where was! at that time ? 

A. You was at the right of the company. 

Q. Did ]\Iajor McCaiferty give me any order at that time ? 

A. I do not think he did. 

Q. What did I do after receiving the orders from Col Upton } 

A. You gave orders as directed. 

Q,. Did I object to going forward ? 

A. Not at ail. 

Q. Did I say it was " murder to go in there," or make any 
similar remark ? 

A. I did not hear anything of the kind. 

Q. Where was Lieut. Smith at this time ? 

A. He was at the left of the company. 

Q. Did he give any orders to the company at that time ? 

A. He did not. 

Q. Was Major McCafFerty near me at the time ? 

A. I did not notice him at that time. 

Q. Did I go forward with the companv ? 

A. You did. 

Q. Did I hesitate, or neglect to obey the order from the Col- 
onel ? 

A. I do hot think you did. * 

Q. Was I with the company when the line of battle was form- 
ed on the left of company K ? 

A. You was. 

Q. Was you with me all the time, from the time I left the road, 
till I formed line of battle on the left of company K ? 

A. I was. 

Q. What was I doing, during this time ? 

A. Doing as you should, as captain. 

Q. Did I make any unnecessary delay in getting from the road, 
to where the line of battle was formed ? 

A. Y'^ou did not. 

Q. Did I give any orders, or do anything to keep the company 
together in its passage from the road to where the line of battle 
was formed ? 

A. I do not recollect. I remember of your inquiring where 
Lieut. Smith was. 

Q. After the line of battle was formed, did I give any order ? 



19 

A. You gave me orders to pass the orders along which you 
gave. 

Q. Did I direct you to repeat the orders that the Major gave ? 

A.. That I was to repeat the orders he gave me. 

Q. Did you see Major McCafferty at this time, when we had 
formed line of battle ? 

A. I did see him at the right of company I, and rear of line of 
battle, and company K. 

Q. Did I give any orders to the company ? 

A. You did. 

Q. How far was I from IMajor IMcCafferty ? 

A. I should think some three rods. 

Q. Did you see me have any conversation with Major McCaff- 
erty ? 

A. I saw you near him. I supposed you was talking with him. 

Q. How near was I at this time ? 

A. You went up towards him. I suppose spoke to him. 

Q. What was Major McCafFeiiy doing? 

A. One time, firing his pistol and one time, taking notes. 

Q. Did you hear what I said to him ? 

A. I did not. 

Q. In what direction was he firing his pistol ? 

A. In direction of the enemy, at an elevation of forty-five de- 
grees ; so high it would not hurt any one. 

Q. Where was Lieut. Smith at this time ? 

A. He was at the left of the company. 

Q. Was he in command of the company ? 

A. He was not. 

Q. Where was Lieut. Buffum at this time ? 

A. He was- at the right of the company, at this time. 

Q. Did you hear, or notice, of my giving directions to Lieut. 
Buff'um ? 

A. Not particularly. 

Q. Where did I go after speaking to Major McCafi'erty ? 

A. You went to your company. 

Q. Do you recollect where Lieut. Buffum was when I went to 
speak with Major McCafferty ? 

A. I think, at the right of the company. 

Q. Did I neglect to give any orders that was necessary, or 
proper, for a commanding officer to give ? 

A. You did not. 

Q. Were the men in their proper places in line of battle ? 

A. They were. 

Q. To what point relative to the edge of the wood, did the 
company move, when they moved forward from where the line of 
battle was first formed ? 



20 

A. Three or four rods from the edge of the woods. 

Q. Was I with the company during this movement ? 

A. You was. 

Q. What took phice at this point, two or three rods from the 
edge of the M'oods ? 

A. Two of our men were killed at this point, I think. 

Q. Was you near Levi Ball when he was killed ? 

A. I was not. 

Q. Did you see him carried off? 

A. I did. 

Q. Where was Lieut. Smith at the time Ball was carried off ? 

A. I do not know. 

Q. Did you see him during the forward movement ? 

A. I did not notice him particularly. 

Q. Did you see Lieut. Buffum during this movement ? 

A. I did. 

Q. Where was he ? 

A. Near the right of the company. 

Q. Did you remain in this place, two or three rods from the 
edge of the woods, untill the action was over ? 

A. I did not. 

Q. Where did you go ? 

A. More to the left of the company. 

Q. AVere the men at this time in the position they usually oc- 
cupy from right to left ? 

A. They were not. 

Q. Did you see Lieut. Smith afterwards, and where ? 

A. He was in rear of the company, on the left. 

Q. Did you see me at the time you moved to the left ? 

A. I did not see you after Ball was killed. 

Q. Was I in discharge of my duty as commander of the com- 
pany when you saw me ? 

A. You was. 

Q. Did you retire before the battle was over ? 

A. I retired with the left of the company. 

Q. Who gave you orders to retire ? 

A. Lieut. Smith. 

Q. Was the whole company with Lieut. Smith ? 

A. They were not. 

Q. What part of the company Avas with him ? 

A. I should think a little more than half. 

Q. In Avhat direction did you retire from the line of battle ? 

A. In the rear ; went over the ground previously occupied by 
the resciment in the first line of battle. 

Q, Was Lieut. BuJ3um with you ? 

A. He was. 



21 

Q. Where did you find the regiment ? 

A. Back by the road. 

Q. In what position ? 

A. Lying down. 

Q. Did you come out in front or rear of the regiment ? 

A. In the rear, I should judge. 

Q. Did you go in a direct course from the point you started to 
retire to, when yon found the regiment ? 

A. I did not. 

Q. In what respect did you deviate from the direct course ? 

A. Went more to the right, in a circuitious route. 

Q. How circuitious ? 

A. They went through the bushes, having to enquire the way 
out. 

Q. Did you find me there witli the rest ? 

A. Did not notice you at that time. 

Q. Were any others of the company there except those that 
came with you. 

A. There was, 

Q. How many ? 

A. Sliould judge nearly half. 

Q. Did I take command of the company after it get together 
with the Regiment ? 

A. I think you did. 

Q. Did you receive any orders from me to retire ? 

A. I did not. 

(Cross examined.) 

Q. Did you see Capt. Parkhurst in his position as Captain of 
company I, during the whole engagement ? 

A. I did not. 

Q. Did you see him in any other position than as Captain, dur- 
ing the engagement? 

A. I did not. 

Q. Was Lieut. Buff"um, Smith, or any other officer, commis- 
sioned or non-commissioned, in command of the company, or did 
any one, other than Capt. Parkhurst, give any orders to the com- 
pany during the engagement ? 

A. Lieut. Smith gave orders to the left of the company. 

Q. Did you hear any one else give orders to the company ? 

A. I did not, except Capt. Parkhurst. 

Q. Did you, or did you not, hear Sergt. Davis, now Lieut. Da- 
vis, give any orders to the company ? 

A. I did not. 

Q. Was the company together, or scattered, during the time 
going from the road to the place where the line of battle was 
formed ? 



22 

A. They were scattered. 

Q. What ortler did you hear Capt. Parkhurst give at the time 
the line of battle was formed r 

A. Could not state. 

Q. Did Capt. Parkhurst give any orders at all, at that time ? 

A. I do not remember that he did. 

Q. When the company reached the road after flanking, who 
formed the company ? 

A. I do not rememl)er. 

Q. Was Lieut. Smith in command of the company when you 
retired, or had Capt. Parkhurst given him command of part of the 
company, that you obeyed the orders to retire from him, rather 
than from Capt. Parkhurst ? 

A. He was in command of that portion of the company. 

Q. When you retired from the ground previously occupied by 
the regiment, at the order of Lieut. Smith, where was Capt. Park- 
hurst, with the right of the company ? 

A. I do not know. 

Q. Did you, or did you not, go over the ground occupied by the 
regiment in line of battle at the edge of the woods when you re- 
tired ? 

A. Should judge we went more to the right. 

By the President : 

Q. Are you certain that Major McCafferty did not give any 
order to Capt. Parkhurst to leave the road. 

A. I think Col. Upton gave the order. I did not hear Major 
McCafferty give any order. 

Q. Could Major McCafferty, coming from the position occupied 
by him, wlien marching by the flank, have approached Capt. Park- 
hurst and given him an order without your knowledge ? 

A. I think not. 

Q. Where was Major McCafferty when the regiment was 
marching by the flank, on the side of the column on which you 
were, or the opposite ? 

A. Do not know. Do not remember where he was at that time. 

By Capt. Greeley : 

Q. What part of the Company were under command, and with 
Capt. Parkhurst, at time the line of battle was formed in the 
swamp ? 

A. I cannot say. 

Q. Was Lieut. Smith, or Buffum, with the company, or that 
part of the compjiny, during its passage through the swamp to the 
front ? 

A. Thev was not. 



23 

By Major Harkness : 

Q. Did you see Capt. Parkhurst during the time the company 
was mo\'ing forward in line ? 

A. Yes, part of the time. 

Q. Was he in his place ? 

A. He was. 

Q. Did he exert himself properly to get the men forward ? 

A. Think he did. 

Q. Did you see him after the company reached the edge of the 
woods ? 

A. I did not. 

Q. How long did the company remain in the position it occu- 
pied near the edge of the woods, where it engaged the enemy ? 

A. Twenty to thirty minutes. 

Q. 'You say you did not see the Captain after the company 
reached the edge of the woods. Would you not have been likely 
to see him if he had been in his place as commander of the com- 
pany ? 

A. I don't think I should where I was. 

Q. How long after the whole company had rejoined the regi- 
ment, after retiring, did you see Capt. Parkhurst, and know him 
to be in command ? 

A. Could not state. 

Q. While the company was engaged, was the position such that 
natural obstacles necessarily prevented the whole company receiv- 
ing its orders from its commander. State as nearly as possible 
the nature of these obstacles ? 

A. The under brush was so thick, there was so much mud and 
water. 

Q. Was there any disinclination on the part of the company to 
move forward when ordered to do so by Capt. Parkhurst ? 

A. I did not notice that there was ; there might have been one 
or two men as there always is. 

Q. Could the company have got into such a position, while en- 
gaged, that an officer might suppose himself in command of the 
whole company, and still be in command of but a portion of it r 

A. Yes. 

Q. Did anything lead you to suppose at the time .that such was 
the case, and tliat the company was divided into more than one 
. command ? 

A. There was not. 

By Capt. Greeley : 
Q. Did you see Capt. Parkhurst, or hear any orders from him, 
while the company was engaged in line of battle, at the fartherest 
point they reached, in front ? 



24 

A. I did not. 

Q. Did Capt. Parkhurst make any remarks to you about the 
time the line of battle was formed ? 

A. Do not recollect any. 

Q. Was Capt. Parkhurst with the company when company H 
passed r 

A. I think he was. 

Q. How long after you commenced firing, was this ? 

A. Should think it was a quarter of an hour. 

Q. Did Capt. Moulton have any conversation with Capt. Park- 
hurst as they passed ? 

A. I think he did. 

Q. What makes you think so ? 

A. I recollect of seeing two officers conversing whom I thought 
to be Capt. Moulton and Capt. Parkhurst. 

Here the court adjourned until 10, A. M., January 8th, — at this 
time, Capt. Parkhurst offered tlie foUoAving affidavits, which were 
read and admitted in evidence : — 

COMMONWEALTH OF MASSACHUSETTS. 

WoiiCESTER, SS. 

City of Wokcester, Sept. 17th, 1862. 
I, Timothy S. Heald, late Sergeant of Co. I, 25th Reg., Mass. 
Vol., do hereby under oath, depose and say : — that I was at the 
battle of lloanokc Island, Feb. 8th, 18G2. I started with the com- 
pany, which was with the regiment in tlie morning, from the place 
we bivouacked on the 7th. Capt. Parkluirst was in command of 
the company when we took up the line of march, and directly af- 
ter starting he was very active in the company, to see if their 
pieces were in order, having new caps put on, and in other instan- 
ces, the charge drawn, where they had been wet. We had not 
marched long before we were ordered by CqI. Upton to form a 
line of battle, and march by the left flank into the swamp, which 
was almost impassable. Capt. Parkhurst gave the order to his 
company to march, and went in with them ; Avliile thus marching, 
the company at times would be considerably broken up, it being 
im]>ossible for tlie company to march in line on account of the 
many places of brush which it was impossible to pass through. 
I did not hear IMajor McCafferty give any orders to Capt. Park- 
hurst at the time we left the road. I did not hear him refuse to go, 
or hesitate ; but as far as I could see, he led on his company with 
promptness. I did not see Lieut. J. B. Smith, and Major Mc- 
Cafferty, have any conversation at the time we left the road, or at 
any other time during the engagement. I did not hear Lieut. 
J. B. Smith give any orders to the company. After marching 



.25 

some distance through the swamp, we halted, and formed on the 
left of company K. Capt. Parkhurst wa.s in command of tlie 
company and gave the proper orders. About this time company 
K commenced firing. Capt. Parkhurst came to me as one of the 
file closers and requested me to repeat all orders that I heard 
given by those in command. Company K, after firing a few vol- 
leys, were ordered to cease firing, and we then moved on some 
piece fiirther. About this time, and during the firing whicli was 
going on, 1 heard an order to march by tlie right flank, and re- 
peated it ; owing to the thickness of the brush the men had to 
march in single file and get along as best they could. The 21st 
Reg. were just behind me at tliis time, and about to commence 
firing. I hurried along to get out of the way. At the time I left 
I could see none of the officers, and supposed most of the com- 
pany had got out. When I reached the place where the regiment 
were lying down, I found Orderly Sergeant Davis and a few men 
only of the company ; I should think about twenty. During all 
tliis time I did not receive any orders from Lieut. J. B. Smith or 
hear him give any to the company. And further Deponent saith 
not. 

{Signed) TIMOTFIY S. HEALD. 

Commonwealth of Massachusetts. 
Worcester, ss. 

Sejjt. 17. 1862. 
Then personally appeared the above named Timothy S. Heald, 
and made oath that the foregoing statements by him subscribed, 
are true. 

GEORGE SWAN, 
Justice of the Peace, 



I, John S. Brown, of Athol, in the County of Worcester, and 
State of Massachusetts, on oath say: — that I enlisted in company 
I, V. P. Parkhurst Captain, in the 25th Regiment of Mass. Vols., 
Edwin Upton Colonel, in October, 1861. That I was at the bat- 
tle of Roanoke in which said regiment were engaged. I was in 
the front and in the heat of the fight, and after'l had first dis- 
charged my rifle I made a remark to Capt. Parkhurst about the 
Rebels substantially like this, viz: — "See how they fall ; " to 
wliich he replied, " that's right give to 'em."' Nothing further was 
said that I recollect of. I saw Capt. Parkhurst several times dur- 
ing the engagement, when he appeared to be steadying and en- 
couraging his men, 

JOHN S. BROWN, 



26. 

WoKfESTKH, SS. 

Sep. 24, 1862. 

Subscribed and sworn to this day, before me, 

CHARLES FIELDS, 
Justice of the Peace. 

Tlie Court met pursuant to adjournment at 10, A. M., Jan. 

8tli. 

Corp. L. S. WHEELER called and sworn. 
By Capt. Parkhukst : 

Q,. Was you in the battle of Roanoke r 

A. I was. 

Q. To what company did you belong, and what was your posi- 
tion ? 

A. I belonged to company I, my position was in the first file, 
rear rank. 

Q. Uo you know who gave me orders to leave the road and 
go in the swamp ? 

A. Col. Upton. 

Q. Was I at the time he gave me the order at the head of the 
company ? 

A. You was. 

Q. Where was he ? 

A. Near the right of the regiment. 

Q. Did Major McCaff"erty give me any orders at that time ? 

A. I do not recollect as he did. 

Q. Did you see Major jMcCaflTerty at that time ? 

A. No, sir ; I did not. 

<^. What did I do on receiving the order ? 

A. You flanked the company and marched from the road. 

Q. Did 1 make any objections to going ? 

A. Not as I know of. 

Q. Do you think you Avould have noticed it if I had objected? 

A. I think I should. 

Q. Did I say it was '' murder " or " slaughter " or make any 
similar remark about going in there ? 

A. I did not hear any such remarks. 

Q. Did I have any conversation with Major McCafferty before 
going ? 

A. You did not. 

Q. Where was Lieut. Smith at this time ? 

A. I am not able to say. 

Q. Did I go with the company ? 

A. Y'"ou did. 



27 

Q. Was you near me when the company started. 

A. Yes, sir ; I was. 

Q. Was I with the company when they formed line of battle in 
the swamp ? 

A. You was. 

Q. Was you with me all the time from the time of leaving the 
road till the line of battle was formed ? 

A. I am not certain. 

Q. Was you with me any part of the time ? 

A. I was. 

Q. What part of the time do you think r 

A. When we left the road and when we arrived at tbe line of 
battle. 

Q. Did you make any delay in going from the road to where 
the line of battle was formed ? 

A- I did not. 

Q. Who else was with me when you was ? 

A- Majo, Davis, Leander Hathaway, Sergt. Nichols, and others. 

Q. Where were the other members of the company ? 

A. I could not say. 

Q. Did I make any effort or endeavor to keep the men to- 
gether ? 

A. I think you did. 

Q. What did I do ? 

A. I cannot tell. 

Q. Did you think at the time, or at any time since, that I did 
not use proper and reasonable exertions for a commander of a 
company, to execute the oi-ders I received in the road faithfully ? 

A. No, sir ; I never thought but what you did. 

Q. Did you see Major McCaiferty after the line of battle was 
formed ? 

A. I did. 
. Q. Where was he ? 

A. In rear of company K. 

Q. How near did you see me to him ? 

A. I do not recollect seeing you nearer than the company to 
him. 

Q. What was Major 'McCafferty doing ? 

A. He was giving off orders to commence firing, to company K, 
and forward. 

Q. Did you notice anything that took place between Major 
McCafferty and myself? 

A. I did not. 

Q. Could ]\Iajor McCafferty see me from where he was ? 

A. I think that he might. 

Q. Where was Lieut. Smith ? 



28 

A. I could not say certainly. 

Q. Wliy cannot yon say certainly where he was ? 

A. I was on the right, and his place on the left, and I had as 
much as 1,'could attend to at that time. 

Q. Where was Lieut. Buffum ? 

A. He was in the rear somewhere ; I cannot tell where. 

Q. Did I give what directions were necessary and proper for a 
commander to give ? 

A. I do not know but what you did. 

Q. Did you see any confusion, or men out of their places, going 
from the road to the swamp where the line of battle was formed ? 

A. There was no more confusion than was necessary. 

Q. Was tlie confusion a neglect of my part as commander of 
the Company ? • 

A. I should think not. 

Q. Did the company move forward from where the line was 
formed ? 

A. They did. 

Q. How far from the edge of the woods to where the line was 
formed ? 

A. I cannot tell. I found a good deal of brusli that 1 could 
not get through. 

Q. Was I wit II the company in the forward movement to the 
edge of the woods from where the line was formed ? 

A. You was withjhe riglit of the company where I was. 

Q. Were the men reluctant to go forward when ordered ? 

A. No, sir. 

Q. Did any of the men try to run away or fall back ? 

A. Not as I know of at tlie time. Some question here arose'as 
to the relevancy of the preceding question, and Capt Greeley re- 
quested that the Court be cleared and the matter discussed ; the 
Court being cleared the matter was discussed and the decision 
was that the Court did not consider the question at all important, 
but that if the accused wished to press the questions they would 
admit them if he deemed them essential to his defence. 

Q. Did you see me with the company after they arrived at the 
edge of the woods ? 

A. I did. 

Q. Did you leave the line of battle after they left the woods ? 

A. I left when the regiment did. 

Q. From whom did you receive the order ? 

A. From Lieut Davis. 

Q. Did you see me at the time you left ? 

A. I think I did not. 

Q. Did you see Lieut. Smith or Lieut. Buft'um at that time ? 

A. I do not recollect as I did. 



29 

Q. Did you receive any orders from Lieut. Smith ? 

A. I did not. 

Q. Was he in command of the company ? 

A. I did not know as he was. 

Q. Was the company deployed as skirmishers ? 

A. I do not know as they were. 

Q. Did Lieut. Smith lose his pistol and sword scabbard ? 

A. I believe he did. 

The Court adjourned to o'clock A. M., to-morrow. 

The Court met pursuant to adjournment at 9, A. M., Jan. 9th. 

Q. How many rounds did you fire before you went out with 
Sergt. Davis ? 

A. I do not recollect. 

(Cross examined.) 

Q. Did you see Capt. Parkhurst in his position as commander 
of his company during the whole time of the action ? 

A. No, sir ; I did not. 

Q. When you saw Capt. Parkhurst did he seem at all excited 
or did he appear to be perfectly cool ? 

A. No more than any officer naturally would in that position. 

Q. Where was Col. Upton's position at the time he was sup- 
posed to have given the order ? 

A. Near the right of the right wing. 

Q. Are you certain you heard Col. Upton give the order to 
Capt. Parkhurst personally ? 

A. I am not certain of his giving it personally to Capt. Park- 
hurst. 

Q,. Was Col. Upton within sight of you when he gave this 
order ? 

A. I could not say certainly. 

Q. Then how can you swear that Col. Upton did give the order ? 

A. It sounded like his voice. 

Q. In the excitement of the moment could you not have mistak- 
en the voice ? 

A. I think not. 

Q. Did you, or did you not, hear Major McCafferty give the 
order to move forward to company I, before the first line of bat- 
tle was formed ? 

A. I did not before the first line of battle was formed. 

Q. Who was in command of the left wing during the engage- 
ment, Col. Upton, or Major McCafferty ? 

A. Major McCafferty. 

Q. Have you ever, since tiie battle, heard any conversation 



30 

concerningj^tlic presence or absence of Capt. Parkhurst during the 
engagement ? 

A. I liave licard conversation. 

Q. When did you first learn that a Court of Inqiiiry had been 
called for, upon the conduct of Captain Parkhurst ? 

A. I cannot tell tlic; time ; all I knew al)out it Avas hear say. 

Q. When did Ca})t. Parkhurst mention the subject to you, if he 
did so? 

A. I should think it was within a montli of Capt. Parkhurst's 
return from home. 

Q. Did you not sometime after the battle say something derog- 
atory to the character of Capt. Parkhurst ? 

A, I do not remember of saying anything. * 

Q. Did you not hear remarks from members of company I, or 
other companies, soon after the l)attle, derogatory to the character 
of Captain Parkhurst ? 

A. I do not remember of hearing any remarks derogatory to 
the character of Capt. Parkhurst. 

Q. What were you doing wlicn on the line of battle ;you say you 
had as much as you could attend to ? 

A. Trying to obey orders and keep in my place. 

Q,. Were you during the whole action, paying jn-oper attention 
to your duties us a soldier, and to any orders you may have re- 
ceived, and faced to the front, have had time to pay attention to 
what was going on in the rear, either to the right or left ? - 

A. Do not know unless I happened to cast my eyes to the rear. 

Q. Might not Capt. Parkhurst been absent from his place dur- 
ing the entire engagement, as you say you could not see anything 
to the left, and you not know it ? 

A. He might have been absent wiiliout my seeing him. 

Q. Do you not know certainly wliether the company were de- 
ployed as skirmishers or not ? 

A. They were not. 

By Capt. Greeley : 
Q. What was the nature of that conversation. 
A. Had heard some say he was present and some say he was 
absent. 

By Capt. Simonds : 

Q. Did you hear any rcmai-ks from Capt. Parkhin-st in regard 
to his position, or that of the company, whether it was murderous 
or dangerous ? 

A. No ; I did not. 

Sergt. MAYO called and sworn. 



31 

By Capt. Pakkhurst : 

Q,. Was you in the battle ? 

A. I was. 

Q. To what company did yoii belong, and what was your posi- 
tion ? 

A. I belonged to company I, and my position was on the right, 
first file. 

Q. Do you know where I was when I received orders to leave 
the road and go into the swamp ? 

A. I could not tell where you was at that time. 

Q. Where was I when the cbmpany started into the swamp ? 

A. I think you were on the right of the company. 

Q. Did I order them to go in ? 

A. I could not say positively. 

Q. Did I go in with the company ? 

A. You did. 

Q. Was you w^ith me ? 

A. I went with you. 

Q. Who went ahead ? 

A. You went ahead for awhile and then you seemed to be tired, 
and I asked you to take my gun or have some one, and I would 
break the road. 

Q. Did you come up directly in your place in line of battle 
where it was formed ? 

A. I came up to the right. 

Q. Was I with the company when the line was formed ? 

A. I do not know. 

Q. Did you see me after the line of battle was formed, after the 
engagement. 

A. I do not recollect of seeing you. 

Q. When did you leave the engagement ? 

A. Left it when the order came along the lines with Sergt. 
Davis. 

Q. How many rounds did you fire ? 

A. I fired five rounds. 

Q. Did you fire as many as others that went with you ? 

A. Others fired before I did. I did not commence firing until 
I 'reached the edge of the woods. 

By Major Harkness : 

Q. Did you hear the order given to Capt. Parkhurst to leave 
the road ? 

A. I am not positive, and could not tell in what form it came ? 

Q. Was Major McCafterty near you when the company pre- 
pared to leave the road ? 

A. Do not know. 



32 

(Cross examined.) 

Q. Did you see Capt. Parkhiirst in his position as Captain of a 
company during the whole time the company was engaged ? 

A. I do not recollect seeing him after we commenced firing. 
Still he might have been near me. 

Q. Did Capt. I'arkhurst seem to be excited or did he seem to 
be perfectly collected when you did see him ? 

A. He was not more excited than others, it was a pretty excit- 
ing time for all of us. 

Q. Have you heard any conversation in regard to Capt. Park- 
hurst's presence during the battle ?* 

A. I have heard the soldiers speak of it. 

Q. What was the nature of it ? 

A. It has been diversified, some say that he was not in his 
place, some that he was there ; have made enquiries of me. 

Q. When did you first learn, and how, that a Court of Inquii-y 
had been called for upon the conduct of Capt. Parkhurst ? 

A. Have heard it was discussed — persons saying that there 
probably would be, but did not know of it mitil the present sitting. 

Q. Did you not soon after the battle say something derogatory 
to the character of Capt. Parkhurst ? 

A. I might have said something, but could not say certainly 
whether I did or not. 

Q. Did you immediately, or soon after the battle, not hear re- 
marks from members of company I, or others, derogatory to Capt. 
Parkhurst ? 

A. I think I did, but could not say certainly. I have the im- 
pression that it was spoken of. 

Q,. How do you happen to know the exact number of rounds 
you fired during the engagement ? 

A. Remember because it was particularly discussed at the time. 

Q. What was yom- opinion of the conduct of Capt. Parkhurst 
at that time, and before you had heard the remarks by others ? 

A. I formed the opinion that he was not in his place, for if he 
had been we should have got the order from him. 

Q. When did Capt. Parkhurst first speak with you in regard to 
his conduct at the battle ? 

A. Last evening was the first lime. I think he spoke to me in 
regard to it. 

Q. What number of rounds did you hear others belonging to 
company I, say that they fired ? 

A. The number varied from three to twenty. 

Q. What position in the company was occupied by those who 
fired the largest number ? 

A. Tliey were men who belonged near the centre of the com- 
pany. 



33 

Q. What position was occupied by those who fired tlie least 
number of rounds r 
A. Cannot recollect. 

Sergt. NICHOLS was then called by the Recorder and further 
examined. 

Q. Have you ever since the battle heard any conversation con- 
cerning the presence or absence of Capt. Parkhurst during the 
engagement ? 

A. I have. 

Q. State the nature of the conversation ? 

A. It was in regard to his presence in the battle. 

Q. Did the nature of the conversation tend to show that Capt. 
Parkiiurst was present, and in his position and fulfilling his duties 
as Captain during the whole engagement, or did it not ? 

A. I think it did. 

Q. Was the fact of his presence denied by any one ? . 

A. It was. 

Q. Who denied it ? 

A. Could not tell. 

Q. W^as there any considerable number of his own company 
who denied his presence ? 

A. Should think not. 

Q. Did you ever hear Major ]\IcCaflferty make any statements 
impeaching the conduct of Capt. Parkhurst at the battle ? 

A. I think not. 

Q. Did you ever hear Lieut. Smith make any charges against 
Capt. Parkhurst relative to his conduct at, or absence from, the 
battle ? 

A. Do not remember that I ever did. 

Q. Has there been at any time since the battle of Roanoke, 
any dissatisfaction in the company with Capt. Parkhurst, arising 
from any alleged misconduct or inefficiency, or absence fro n his 
command at that battle ? 

A. Don't think there has. 

Q. Should you have known it had there been ? 

.A. Think I should. 

Q. When did you first learn, and how, that a Court of Inquiry 
h d been called for upon the conduct of Capt. Parkhurst ? 

A. I heard it talked about in camp, sometime after the return 
of Capt. Parkhurst from the North. 

Q. Did you not soon after the engagement say something de- 
rogatory to the character of Capt. Parkhurst ? 

A. I think I have not. 

Q. If you heard any remaiks, will you, to the best of your recol- 
lection and belief, state the nature of those remarks ? 



A. I liLive heard rt^marks on both titles. 

Q. What was your opinion of the conduct of Capt. Parkhurst 
at tliat time, before you heard these remarks ? 

A. Judged that he liad done liis duty. 

Q. When did Capt. Parkiiurst first speak with you in regard to 
his conduct at the batth;^ ? 

A. He has spoken wilh nio, but I do not remember tlie time. 

The Court adjourned to 1), A. M., Satunhiy. 

Saturday, Jan. 10th. The Court met at 9, A. M., pursuant to 
adjournment. 

FRANCES BARNES, called and sworn. 
By Capt. Parkiiurst : 

Q. Was you in the battle of Roanoke Island ? 

A. Yes, sir. 
' Q. To what company did you belong ? 

A. Company I. 

Q. Was Levi Ball killed in the action ? 

A. He was. 

Q. Was yon near him at the time ? 

A. I was wdthin two feet of him. 

Q. Where was this ? 

A. At the edge of the woods, within twenty rods of the 
Battery. 

Q. Was I there at that time ? 

A. Yes, sir ; I saw you there. 

Q. How far was I from Ball? 

A. About ten feet. 

Q. What did I do when he was shot r 

A. 1 noticed you was there with two or three otlun-s hidping 
them to take him out. 

Q. What next did you notice that I was doing ? 

A. r saw you taking some one's gun. 

Q, What next did I do ? 

A. You took the gun and tired it. 

Q. Did I say anything to yon ? 

A. You said you had the gun and you did not know but what 
you would fire it off. 

(.l- Did anything pass between us ? 

A. I do not recollect as there was. 

Q. Did I load the gun after firing ? 

A. You did. 

Q,. How do you know ? 

A- I Ift you have the cartridges to load with. 



35 

Q. What was the jiTound where you stood when Ball was 
shot r 

A. I w;is standing in the water, knee deep. 

Q. Did any shot of the enemy come around there, than that 
which hit Ball ? 

A. We were exposed to a severe fire. 

Q. Do you recollect any shot in particular that struck there ? 

A. I noticed canister shot striking among the trees. 

Q. Was I there under this lire ? 

A. You was. 

Q. Did any other regiment or company come near us at this 
time ? 

A. The 21st Regiment came in tlie rear of us. 

Q. Did you hear any one of them say anything to me : 

A. I heard them say that our regiment had been ordered out. 

Q. Was I there when it was said ? 

A. You was. 

Q. What did I do then? 

A. You said if that was the order we would go out, you had 
not heard any order> 

Qi Did you go out then ? 

A. I did. 

Q. Did I go :- 

A. You started about tlie same time 1 did. 

Q. What direction did we take r 

A. We went straight out to the riglit. 

Q. Do you recollect anything that took place going out r 

A. I recollect of your stopping with a man of company li, 
who was wounded. 

Q. Do you recollect what I said or did for him r 

A. You spoke of giving him something to drink. 

Q. AYhere next did I go ? 

A. Out to the place where the regiment was. 

Q. Do you know where I came out into the road ? 

A. I cannot tell where you came out, but the first I saw of you 
was three rods in front of the regiment. 

Q. What was I doing when you noticed me ? 

A. You was coming toward the regiment. 

Q. Did I go out before the remark was made by the 21st 
Regiment to go out to the road. 

A. No, sir. 

(Cross examined.) 

Q. Did you notice Captain in his position as Captain of a com- 
pany during the whole time the company was engaged ? 

A. Do not know as I noticed him particularly before the time 
Ball was shot. 



36 

Q. Did Capt. Parkhurst seem to be at all excited, or did he 
seem. perfectly cool, \vhen yon saw him? 

A. Seemed perfectly cool. 

Q. Have you ever, since the battle, heard any conversation con- 
cerning the presence or absence of Capt. Parkhiirst, during the 
battle ? 

A. Have heard some. 

Q. State t]^ nature of the conversation r 

A. Cannot state the exact nature of the conversation, but heard 
some say he was present, and some say he was absent. 

Q. When did you first learn, and how, that a Court of Inquiry 
had been called for on the conduct of Capt. Parkhurst ? 

A. The day before yesterday, heard some one speak about it. 

Q,. AVhen did Captain Parkhurst first mention the subject to 
you, if he did so at all ? 

A. He did not mention the subject. 

Q. Did you, or did you not, after the battle, say something de- 
rogatory to the character of Captain Parkhurst ? 

A. I did not. 

Q. Did you not hear remarks from members of company I, 
immediately after the battle, derogatory to the character of Capt. 
Parkhurst ? 

A. Have heard such remarks. 

Q,. Has there at any time since the battle of Roanoke, been 
any dissatisfaction in t!ie company -with Capt. Parkhurst, arising 
from any alleged misconduct, or inefficiency, or absence from his 
company at that battle ? 

A. Not that I know of. 

Q. Should you have known it if there had been ? 

A. I do not think I should. 

Q. Do you remember any remarks of Capt. Parkhui-st's, other 
than directions to his com])any at the time of leaving the road ? 

A. I do not. 

Q. Did you ever hear Lieut. Smith or Lieut. Buffum make any 
charges against Capt. Parkhurst relative to his conduct at the 
battle of Roanoke ? 

A. Did not. 

Q. When did Capt. Parkhurst speak with you in regard to his 
conduct at the battle ? 

A. He has not. 

Q. Did you ever have any conversation with any one regarding 
the character of Capt Parkhurst during the battle of Roanoke ? 

A. I have. 

Q. State the nature of that conversation ? 

A. J. made the remark that he was very cool at the time he was 
in the swamp. 



61 

Q. Did you, or did yon not, think that he pci'formcd the (httios 
of a Captain with entire satisfaction to his company ? 

A. I saw nothing, but cannot say as to the entire satisfaction of 
the company. 

Q. Did you notice Capt. Parkhurst riarticularly , while under 
the fire mentioned as having occured at the time of Ball's death ? 

A. I did. 

Q. Could you not have fhnugld in the excitement of the mo- 
ment that you saw him ? 

A. I knoM' I saw him. 

Q. Was the fact of Capt. Parkhurst's presence during the 
battle ever denied by any one ? 

A. Have heard some deny it. 

Q. Who? 

A. Do not remember. 

Q. Have any considerable number of his company denied it ? 

A. Not that I know of. 

Q. What was your position in tlie formation of the company ? 

A. Towai'd the right. 

LEANDER HATHERWAY, Co. I, called and sworn. 
By Capt. Pakkhukst : 

Q. Was you in the battle of Roanoke : 

A. Yes, sir. 

Q. Do you know who gave me orders to leave the road and go 
into the swamp r 

A. Col. Upton, 

Q. Did I make any objections to going in ? 
■ A. No, sir. 

Q. Where was I wdien the order was given : 

A. In the rear at the head of the company. 

Q. Did you see me after the line of battle was formed in the 
swamp ? 

A. I did. 

Q. Did you see Maj. McCafferty at the time r 

A. Did not. 

Q. Where was I when you saw me ? 

A. Near the right of the company. 

Q. Did you see me after the company marched foi-ward : . 

A. I did. 

Q. Who gave you orders- to go out after you reached the edge 
of the woods ? 

A. No one. 

Q. How did you happen to go then ? 



38 

A. I S!iw the 21st Reg. behind me, and some one tokl me tlie 
regiment had gone out. 

Q. AVas any one kiUed or wounded near you r 

A. Kelly was killed, and Ball was l>ut a ^iiort distance wlien 
he was sliot. 

Q. What time during the engagement was Kelly killed r 

A. About fifteen minutes after we arrived at the edge of the 
woods. 

Q. How many rounds did you fire ? 

A. Eight. 

Q. Did you see Ball after he was'shot ? 

A. I saw liim as I was going out. 

Adjourned to iSIonday, Jan. 12t]i, 9, A. M. 

Court met pursuant to adjournment. 

(Cross examined.) 

Q. What was Col. Upton's position when he gave this order ? 

A. At the right of Co. K. 

Q. Did you, or did you not, hear ]Maj. McCafFerty give any 
orders to move forward ? 

A. I did not. 

Q. Did Col. Upton give the order to Capt. Parkhurst personally, 
or the whole regiment generally ? 

A. I suppose to the whole regiment. 

Q. How do you know yon fired just eight I'ounds .'' 

A. I looked in my cartridge box ; had forty rounds when T 
began. 

Q. Have you ever since the battle heard any conversation con- 
cerning the presence or absence of Capt. Parkhurst ? 

A. I have not. 

Q. W^hen did you first learn that a Court of Inquiry had been 
called, on the conduct of Capt. Pai'khurst ? 

A. When I was notified to appear here. 

Q. Did you not soon after the battle say something derogatory 
to the character of Capt. I'arkhurst ? 

A. I did not. 

Q. Has there at any time since the battle been any dissatisfac- 
tion in the company, arising from any alleged misconduct, or ab- 
sence from his company ? 

A. I know of nonci I have been absent most of the time, 
sick. 

Q. Do you remember any remarks being made by Capt. Park- 
hurst, other tlian orders, when he received the order to leave the 
road ? 

A. I do not. 



39 

Q. Was the fad of Capt. Parkhurst's presence ever denied by 
any one r 

A. I never heard any one. 

Corp. D. W. DAY, Co. I, called and sworn. 
By Capt. Parkhurst : 

Q. Was you in the battle of Koanoke ? 

A. I was. 

Q. What was your position in the company ? 

A. Near the left. 

Q. After the line of battle was formed in the swamp, what 
was the position of the left of the company in regard to the line 
of fire from company K ? 

A. Their fire came very near over us. 

Q. Did Lieut. Smith urge you forward under their fire ? 

A. He ordered us forward round a bunch of briers, where we 
were exposed to the fire of company K ; then to lie down, and 
then to get back the best way we could. 

Q. Was Lieut. Smith very much excited ? 

A. He appeared to be. 

Q,. Did you notice him at any other time ? 

A. I did a number of times. Noticed him draw his pistol and 
order a man forward. 

Q. Where was he at this time : 

A. He was in the rear of the company al)out a rod. 

Q. What was his appearance ? 

A. He appeared quite excited. 

Q. Did he lose bis. pistol and sword-scabbard? 

A. He lost his pistol, and lost or threw away his scabbard. 

Q. Who gave you oiders to retire ? 

A. I received notice from some of the 21st Reg. that the regi- 
ment had gone out. 

Q. Did you see me on the way ? 

A. I went some ten or a dozen rods, and came up where Ball 
was lying, and you told the men to carry him out if they could. 

Q. Was the company deployed as skirmishers ? 

A. No. 

Q. Was Lieut. Smith in command of the company ? 

A. He was not ; he was on the left doing duty as Lieutenant. 

GEO. D. BROWNING, Co. I, called and sworn. 

By Capt. Pakkhurst : 
Q. Was you in the battle of Roanoke? 
A. I was. 



40 

Q. Did you henr me objei't to ^oing into the swamp wiien or- 
dered ill the road ? 

A. No, sir. 

Q. Did 1 <xo in r 

A. You did. 

Q. Did you <cc mc ? 

A. Yes, sir. 

Q. What wa^ I doing ? 

A. You was telling the boys about filing around a bad hole 
there was there. 

Q. Did you sec mc at any other time ? 

A. Yes : as we were passing this hole, some one said the order 
came down the line to fire. I spoke to you and you gave the or- 
der to fire. There were three or four of tlie men in advance, and 
then you said not fire till we get up even with them. Then you 
said be sure and take good aim, boys, and not waste your ammuni- 
tion. Then you gave orders to file down farther to the left. I 
recollect that one man was wounded, and three or four started to 
go out and you told llumi to come back ; that they could not all go 
out with the wounded. After that I got among company H and 
remained there till we w-ere ordered out, which was a short time. 

Q. What was the reason for the order from mt to move to the 
left ? 

A. There was not room for us to get into line. 

Q. Wiio was the wounded man you spoke of? 

A. L. N. Norcross ; stunned by a ball. 

Q. AVas Lieut. Smith in command of the company? 

A. Could not say ; 1 did not see him l)ut once during the fight. 
Did not hear him give any orders. 

Q. Did T give the men orders about firing? 

A. Yes, sir. 

Q. Were any orders necessary more than I gave ? 

A. I think not. 

At this ])oint in the proceedings the C^ourt was adjourned. 



41 

The following remarks on the evidence are submitted :— 
Mr. President and Officers of the Court •— 

prL'cf mvself''f "^^^ "• ' T'"''^^^ ^''' '"^"'^ ^'•^"^'^' proceedings to 
iffinp,? J ( ^i-om unjnst reports; but, the conduct of a few 
officers with whom it has been my misfortune to be associated hal 
left me no alternative, and I have availed myself of my riV It to 
demand an examination myself, of charges inade a^aii4 ine bv 

^T] 'T.? 'T'^'\ ^^'' '-^PP^^^^^^^ '^'^'^ creditable to nnaccZ 
sers had they brought me to trial before a Court Martial L the 
misconduct they charge me with. A fair trial would have h dici! 
ted some disposition in them to deal fairly and meet the que timi 
with some degree of honesty. But theii- conduct has bee cm "te 
the opposite. Not one of them has ever made a directTccust 

l^entT/"" /^^C^ff--^y -IJ --wing up courage e'"^ , 
Av hen m a rage of passion, to "make a vague insinuating twit 

ha^e brou'I "tt:" "^t ''""^"^" ^^"^ circumstance whicli would 
la^e bi ought their statements to an examination, indicates that 
Aey are not men actuated by a very high sense of honoro " who 
would be very scrupulous in regard to the character of their 
St. ements, and consequently thes^e statements are to be ite ved 
with distrust and allowance in the outset. ^t^teivea 

This examination has taken a pretty wide ran-e, the affidavits 
of my accusers containing much that is irrelevant! and the exim 
mation of witnesses has been carried to the very extn^m" of pi^ 
pnety even by the Recorder. Of this I do not^complab but^ am 
more pleased with it, for these proceedings show u o^i ^he v^ v 
face of them, that_ this has been no farce^ and if a ly h 'eveV 
happened to sustain the statements of mv accusers it^n f h^e 
been discovered in the course of this examination. I shall tli^re- 
ore feel at liberty to go a little beyond the strict line of an ai"u- 
ment inthe remarks I shall make '^ 

Sr^^'ilfr^wT'T 'T- ^^^'•'"^" McCafferty and Lieut. J. B. 
h.^w" ^^p'^ff^^-^>\tl.e chief of these, actuated by a maliciou 

be a ;'f ^W •" "^'"" "'' "? t"^^"'^^^ '' ^y ---dice bu 
because 1 dared, m a proper and lawful manner, to defend the 

1} lanical and abusive exercise of authority 

for hT"' '" ^T ^'^'^-^^^-'r^ «^lH>, and thouglit to pave the way 
for his oAvm advancement by abusing his captfiin. ^ ^ 

Buffams affidavit contradicts their most material points- but 
his " sympathy with tlieir cause is apparent. ^ 

Before entering upon the examination of tiie evidence 1 thinlc 

wei^nt, so tai at least as it is supported bv the evidence I am 
not more an interested party than those whose state^nents hav" 



42 

been brought here against me ; for these officers had ah'cady 
made disgraceful reports concerning me, and if they shoukl now 
fail to sustain those reports, tliey themselves will be convicted of 
the lowest and mosc shamless slander — of conduct so low that a 
Court Martial woidd have dismissed them from the service in 
disgrace on conviction ; and they seem to have taken good care to 
put tlicmselves beyond the reach of any such contingency. 

The first point to be noticed, is the assertion of McCafferty in 
regard to what took place between him and myself before going 
into the swamp. He states with much particularity that, " as I 
approached Capt. V. P. Parkhurst, I said to him, 'march your 
company in, Capt., by the front ; ' and the said Capt. V. P. Park- 
hurst said in reply, (stepping at the same time out of his place,) 
' Major it is only sending my men in there to be slaughtered ; their 

guns are not worth a d m.' I ordered him to take liis company 

in, that this was not the time to talk about such things. The 
above conversation was in the presence of the company." 

This was a somewliat remarkable occurrence, and if it had hap- 
pened it would most certainly have attracted the attention of all 
near by. It would have been remembered, been repeated, and 
been most readily proved. Not only was it an occurrence that 
would have been noticed and remembered, but it is alleged to have 
taken place at a titne and jdIucc when men were most free from 
excitement and misapprehension ; every circumstance in fact ren- 
dered it a matter most easy and certain to be proved, if it had ever 
happened; and McCafferty, with bombastic assurance adds, "that 
it was in the presence of the company." 

Though McCafferty has not in terms stated the place, every 
circumstance shows that it was in the'^<@Jr and Smith, who un- 
dertakes to sustain the statement of McCafferty, locates it dis- 
tinctly in the \i^^^ and it cannot be pretended that it occiuTcd at 
any other place or time without destroying the whole fabric of my 
accusers at once. There is quite a remarkable similarity in the 
language of McCafferty and Smith. I have stated that "• I re- 
ceived my orders from Col. Upton, and that I did not have any 
orders from Maj. McCafferty at all, or any conversation with him, 
made no such remarks to any one, and did not notice him at all 
at that time.'' 

I have called these witnesses, in whose presence and hearinf] 
McCafferty and Smith solemnly swear that t4iis conversation took 
place, to decide between us. 

The first witness is Lt. J. W. Davis, at that time my Orderly 
Sergt. My position in marching by the right flank was of course 
near him, by the right of the company. He says I was there at 
the time the order was given to go into tha swamp ; therefore his 
position was one most favorable to know what took place. He 



48 

says Col. Upton gave me the order, and that I immediately 
obeyed and marched into the brush with my company. He says 
he heard no order from McCafFerty, heard no remark about being 
slaughtered or murdered, and finally after all this searching exam- 
ination and cross-examination on this point, declares that he did 
not even see anything of Major McCafferty at the time, and that 
he could vot have given me an order without his knowing it. 

Thus it will be noticed that his evidence directly contradicts, 
that of McCafFerty and Smith, in every particular and every cir- 
cumstance, and sustains my statement with equal precision. 
The evidence of Davis alone puts me on an equality, at least, with 
my accusers, on this point. It is not necessary to rehearse the 
evidence of every witness in full. The next witness vipon this 
point, Sergt. J. T. Nichols, also says that Col. Upton gave the or- 
der that he heard, saw, and knew nothing of Major McCafFerty what- 
ever, and heard nothing of slaughter or murder, although he was 
at the right of the company, near me. 

Sergt. T. S. Heald, whose position was only a little farther off, 
gives the same account of what took place there and of my con- 
duct. Next, Corp. L. S. Wheeler, also on the right of the com- 
pany near me, gives the same account as the others, that the order 
came from Col. Upton, and he knows nothing of McCafFerty 
whatever. 

It was so much a matter of course for Col. Upton to give orders, 
that it vvoidd not attract any particular attention, and the uncer- 
tainty of Wheeler, in regard to the position of the Col. at the 
time, does not impair the credibility of his statement that it was 
Col. Upton who gave the order, and he testifies distinctly that he 
heard and knew nothing of McCafferty. 

Corp. Matmui i u l Sergt. B. W. Mayo, also in the first file, does 
not recollect anything in particular about the orders given, but 
relates distinctly my movements, the same as the others ; and 
states his conviction that he should have remembered it if any 
such remarks had been made. 

L. Hathaway, 2d file, gives the same account as the others, very 
clearly. Here, then, is the concurrent testimony of six men, al). 
of them those nearest to me, and the most likely to know what 
I said and did. Their evidence is not simply negative, that they 
did not hear such an order and conversation ; but it is also pos- 
itive, — except Sergt. Mayo, — that they tell where the orders did 
come from, and what I did on receiving them. 

Barnes and Browning, farther off, also concur in their evidence ; 
and thus every man examined upon this point testifies directly to 
the truth of my statements, and as directly to the total falsity of 
the statement of McCafFerty and Smith. Even BufFum stands 
aloof from them, their statements are so plainly false. No one of 



44 

these men knew the bearing of his evidence in the case, and no 
one knew what any other witness had said when he gave his. 
The facts in regard to this point are established as firmly as hu- 
man testimony can establish any fact, and sustains my statement 
in every particular. 

I will call attention, at this point, to the circumstance of Smith's 
pretending to know so exactly what I was saying at the other end 
of the company at this time, when he so soon after denies all 
knowledge of what I was doing anywhere, Avhen its suits his pur- 
pose better to have it appear that I was not there. If their state- 
ments arc true, why does not Buffum hear tliis conversation ; he 
Avas much nearer than Smith ? He pretends to iiear what I said, 
and says I said tliat, " onehalf my guns could not be got off," quite 
different, if true. 

I do not wish to dispute the statements of my accusers unne- 
cessarily, and, suppose I did say this ; wliat was it but informing 
my commanding officer of a fact which would seem to be quite 
important on going into battle, as it afterwards proved that some 
of their guns could not be discharged, and were not during the 
battle ? 

Sergt. Heald has given full account of my efforts to })ut the 
guns in order, during the morning ; but this appears to have been 
very improper business in the estimation of these valuable Lieixts., 
who did nothing till ordered, and now bring in their accusing 
accounts of my efforts ; but as no one appears to have heard this 
but Buffum, let him enjoy it, true or not. 

McCaiferty and Smith liaving been convicted thus clearly of the 
most unblushing falsehood, at the outset, and under circumstances 
which leave no ground for mistake, but that they knew they-were 
false when tliej madc-tliem. I feel that I miglit rest my defence 
KereTfor^o other statements of theirs are worthy of any credit 
whatever. But, in order to examine this in every light, suppose 
that McCafferty and Smith, who pretend to be very learned, were 
mistaken, and thought they were stating facts correctly, what cre- 
dit, I ask, can be given to any statement made by men who knew 
no more than that ? It cannot be pretended that they are worth 
one straw, and the same conclusion is reached as before. 

The attempt of my accusers has been to make it ap[)ear that I 
ran away at the beginning of the battle, and was not in the fight at 
all, and that Smith commanded my company during the battle. I 
accept the issue in every ])articular, and will follow them through 
the entire engagement. If there was anything to justify, in the 
least, their statements, they are welcome to the benefit of it. I do 
not seek to injure the meanest of men ; neither do I intend that 
they shall have the privilege of injuring me with impunity. 

The evidence of every witness shows that after being ordered 



45 

to move into the swamp, I led my company as promptly as ever 
an oiRcer did, Seigt. Mayo, recollecting that I led and "broke the 
M'ay into the brush myself nntil I became almost exhausted with 
the exertion. 

In order to establish satisfactorily the point where the line of 
battle was formed in the swamp, I called in Lieut. Drennan of Co. 
K, also for another purpose, to show the character of the ground, 
and its effect on that company. He states that the line was formed 
about one hundred and fifty yards from the edge of the clearing, 
twenty-five or thirty rods, which is a fair estimate, agreeing with 
those of others who know anything about it. He has described 
the thicket as almost imprenetrable, and that the officers and men 
of the company were separated in consequence of their inability 
to move straight forward, and he, happening to find a little open- 
ing, called out to the others, and, as he describes it, " the men 
came in from most all directions." Co.D, the next on my left, 
did not get through this thicket at all, and were not in their usual 
place in the line during tlie engagement. 

Now^ what ground of accusation against me, when this was the 
condition of the companies next on my right and left ? 

But if any one loas in fault, it ivas Lieuts. Smith and Bv(fum 
themselves^ whose first duty it was to keep the files together. 

I think it unnecessary to notice farther the evidence in relation 
to the passage to the point where the line was formed. 

The next point in McCafferty's affidavit, amd in fact the only 
remaining one properly relating to me, is, " I did not see Capt. 
V. P. Parkhurst during the time w^e were in the engagement." 
His statement that Co. I arrived, under command of Lieut. Smith, 
is sufficiently refuted by the evidence, without any notice. He 
relates that Smith inquired for me when they got where the line 
was first formed, and that he put Smith in command of the com- 
pany at that time. 

I thiidt that I am properly entitled to the benefit of any evi- 
dence introduced by the accusation, and I will avail myself of the 
statement of Buflfum in regard to what took place at this ^very 
time. He says, " when we got out where the line of battle w^as 
being formed, Capt. Parkhurst came fram his jylace, and reques'ted 
me to take his place while he went to the right of the company, 
as he said, to hear the order better." If Buffum had left out the 
" as he said," he might have the credit of telling the truth in this : 
but he cannot state a plain fact that would be favorable to me 
without interporlating something to create suspicion. Very well ; 
every man sets his own price on himself, and a great many of 
these braves are " dog cheap " at that. This statement of Buf- 
fum's is true, aside from the slur. He says I came from my place, 
therefore it is quite certain that I must haAc been in my place, or 



46 

could not A'ery well have come from it aiul at the time "when the line 
of battle was being formed," the very time when McCafFerty and 
Smith say they were inquiring for me, and Smitii took command 
of the company. Sergts. Heald and Nichols both declare that I 
was there when the line of battle was tbrmed, and gave all neces- 
sary orders. 

The fact that T was there is also sustained by Corps. Wheeler 
and Spooner and others, but no more evidence is needed. Corp. 
Spooner states the circumstance of noticing me at the right of my 
company, and all evidence agrees tliat McCafferty was by the left 
of Co. K., just at my right. He also says that I was only about ten j 
feet from McCafferty, and did not notice anything to prevent-/ 
McCafferty seeing me. vy, 

Sergt. Nichols states that I went up and, as he supposed, spoke 
with McCafferty. I have stated that I went to Major McCafferty 
for information ; and it will be seen that every fact and circum- 
stance sustains my statement." The remark which I made to Lieut. 
Buffinn, indicated that my object in going to the right was to gain 
information ; and what more natural and consistent than the ac- 
count I have given. 

Among all the strange and incredible statements that have been 
brouglit against me, none has more sur])riscd me than this ; that 
my superior ofiicer, to whom I went for imformation on the field, i 
or rather in the swamp, now comes out and dedan'n on ]un oath 
that he did not see me. Falsehood can find no fouler de])th. 

All the evidence on this point, also, contradicts McCafferty and 
Smith directly ; and every fact and circumstance proves again the 
total falsity of their statements. 

There is one other statement of McCafferty 's I will notice." He 
introduces a large amount of talk which he says took })lace between 
himself and others, and does not know tliat it is entirely irrelevant, 
although he is a " LawyeiT** — " ~' 

He says IJeut. Buifum told him "Ik; did not see Capt. V. P. 
Parkhurst during our part in that engagement." But here is Buf- 
fum's affidavit in which he states that he did see me on two occa- 
sions. If Buffum told McCafferty so, he convicts himself of 
falsehood, and if he did not, then McCafferty has another of his 
own — quite a small matter with him. There is evidently a false- 
hood between them, and they may arrange it to their own satisfac- 
tion ; it is immaterial to me to which it belongs. 

" When rogues fall out, honest men get their dues." Whether 
he reported such stories to Col. Upton and Sprague or not, there 
is no evidence but his own statement, which is of l)ut little account 
after what has beeii shown. But of o\w thing I am assured. Col. 
Upton was not duped by his repoits. Bufl'um says that he did not 



4/ 

see me again until nil on the ri<rlit of our company had been wiili- 
drawn some twenty minutes. This is certaiidv a veiy great mis- 
take and very untrue. Sergt. Nichols says that alter I went and spoke 
with McCaflerty, I returned to the company. His evidence and tliat 
of others show that Buttum was on tlie right of the company as 
we adi'anced, and that I was to the left of him. How did Buft- 
nm get back to the right, and I to his left again, so soon, without 
his seeing me ? 

I have stated' that I went back and sent BufFum to his place 
again on the right of the company. Here again every circum- 
stance contradicts the statements of my accusers, and is perfectly 
consistent with, and directly sustains, mine. Whether Buff'nm 
makes this statement of seeing me again after I went to the right, 
until just as I was marching off, intentionally, or from want of rec- 
ollection, he may decide for liimself. The evidence of Nichols, 
Wlaeeler, Hathaway, Browning, Barnes, and Brown, shows very 
clearly that it was not my fault if he did not. 

Lieut. Davis and Sergt. Mayo do not seem to know much of 
anything that took place, until after we arrived at the edge of they 
clearing, Davis denying that we formed line after we left the ^^BSiSfL 
until we reached that point, a fact abundantly proved. 

I have now disposed of the affidavit of Major Matthew J. INIc- 
Cafferty, which lias been made and brought here to convict me of 
un-officer-like conduct. I have examined it critically in every re- 
spect, and brought this overwhelming amount of evidence to 
bear upon it, and there it stands without one single truthful state- 
ment in it that has any relation to myself. It has been proved to 
be a mass of villainous falsehood as clearly as evidence can prove 
a fact; and it has also been shown that the circumstances were 
such that there could be no mistake, that he knew these things 
Avere false. 

Smith says, " when Capt. V. P. Parkhurst's company came up, 
Major McCafferty ordered it to form on the left of those already 
in line. As Capt. Parkhnrst did not give the necessary command 
to the company, and I did not see liim, I asked Major iVIcCafferty 
if he knew where Capt. Parkhnrst was. He said he did not, and 
ordered me to take command of the company, which I did. After 
taking command of the company, I neither saw Capt. Parkhnrst, 
nor heard his voice until after the 25th had reached the road." 

The first point of this statement, relating to what took place 
between him and McCafferty, has already been disposed of. It 
would seem quite singular tliat this Lieut, should not know I was 
thei'e when he was in command of the company. Where was he ? 
Nichols says at the left of the conii)any, just where a 1st Lieut, 
should be. 

Corp. Day gives a little account of his doings, driving some of 



48 

the men on the left so tar iu tidviince of tlie Hne that tliey were 
in danger of being shot by our own men. The evidence of my 
presence and efforts is so full, that it leaves no ground for mistake, 
in his statement that he did not see me or hear my voice. 

I have stated that I went to Capt. Moulton and asked him to 
move to the left, to make room for my men to get into line. Capt. 
Moulton was called, expecting to prove this fact. It is very cer- 
tain that I put altogether too nuich confidence in his knowledge 
and recollection of events, He answers all questions with the ut- 
most positiveness, and is ])ositively certain 1 did not speak with 
him; but a little examination of his testimony will dissipate the 
air of certainty. He admits that the remark which I claim to 
have made, was made to him, but ])y Lieut. Smith, " ivhile advanc- 
ing in line." But he stated that his company did not get into \ 
line until they reached the edge of the clearing. It is very cer- \ 
tain that he did not advance beyond the edge of the clearing, and ) 
must have got into line before reaching that place, and was quite . 
mistaken in saying he did not; and the place is just as I have sta- 
ted. If he wasTso mistaken in regard to the time and place where 
he got into line, it is very likely he made a less mistake in regard 
to the one; who spoke with him. Another circumstance sustains 
mv statcnnent. Browning recollects my ordering them to file to 
the left, because " there was not room for them to get into line," 
thus proving directly tliat I was engaged in making the very move- 
ment I have stated, and sustaining my statement. 

The jjretense that he was in command of the company, or 
thought himself to be, and not know I was there under these cir- 
cumstances, is too shallow for further argument. 

He says that the company were deployed as skirmishers. Every 
witness from one end of the company to the other declares that 
they were not. This last statement is but an illustration of the 
old proverb, that " one falsehood requires another to back it 
up." That Smith and Buffiun took part of the company out, is 
admitted, but Smith would have it appear tliat lie had the whole. 
Davis says nine went with him. Butf'uiu that about fifteen went 
with me, and a number more, to the amount of about half the com- 
pany can be accounted for otherwise ; but Smith knows as little of all 
these as of anytliing else, lie can only see a "• very few, not more 
than six or eight." I think Smith may be dismissed with Mc- 
Cafferty. No one heard his orders, no one knew he was in com- 
mand of the company; he did not once assume the position of 
a conmiander. In short, it may be said he had no idea of any such 
thing till afterwards. It was an afterthought entirely. 

1 will notice the concluding statement of Buffum. He says he 
did not see me after I spoke with him till all the regiment on the 
right of our company liad been witlidrawn some twenty minutes. 



49 

lie then saw me and told me the i-e,2;iment had faUen back. The 
first part of" this statenicnt has been noticed. The (juestion lias 
been repeatedly put to witnesses by tlu^ Recorder, whether I was 
in my position during the whole time. I will put the same (juestion 
in regard to Lieut. Buffum. Where was he when the order was 
'^"iven to march by the right flank ? Davis says he looked and could 
see most of the company, but saw nothing of Buffum, although his 
position was near the right, and saw nothing of Smith. I was 
a little too far front to be seen. Wheeler also says he saw noth- 
ing of liira, and it would seem that he was not to be seen, any more 
than he could see me. I think a close examination would show 
that I was seen more than both of tliese Lieuts., and in a much 
more exposed position. But if ButFum knew when the order was 
given, why did he wait twieaity minutes before telling me ? Or if 
Smith was in command, why did he ;i2t_te.li-.MLi^? ^o tliat the com- 
pany might have retired at the time McCaffei-ty and the others 
did ? But Buffum can be absent from his place, and neglect duty, 
but / must bear the consequences, and a great deal more if possi- 
ble, and he turns round with McCafFerty to be the accusei*. But 
I did not receive my information of the movement from him, and 
the remark he says he made was not true. The evidence of 
Barnes shows where I did get my information, which was from 
some of those who came in behind our line. 

This evidence of Buffum's — one of my accusers — puts an end 
entirely to any pretence that I run away, and shows that I was 
there, not only until ordered out, but that through the neglect of 
Major McCafierty, I remained a considerable time after I ought to 
have left and gone out. For one of these officers ever to have 
pretended to think that I Avas not there, only exhibits the shame- 
lessness of their conduct towards me. 

The evidence of Barnes also shows that I was in the most ex- 
posed position, and that I never left it till I did learn that the regi- 
ment had been ordered to move. Buffum still tries to mr.ke out^ 
that something was wrong, and says that Vvithout orders from me, ' 
Smith and himself collected the rest of the compmiyT It was 
not my business to give my orders to Buffum and Smith, and Buf- 
fum knows it. But I did give an order in the same way an oi-der 
is given to a company, at any time, and if Lieut. Amos Buffum 
had pursued the course he should have done, and followed me with 
the men, instead ofrunning back into the brush with them, there 
would have been notlTfficulty. " ' V 

I have thus critically examined the evidence which has been 
brought against me, taking up every assertion that has any bear- 
ing on the case, and Avill briefly recapitulate. 

Every assertion of McCaffcrty is sliown to be totally false, and 
unfounded, and he even comes out and declares he did not see me 



50 

there, in the I'ace of the iiict that I went to him ibr inf'onnutioii 
during the engagement. Smith tries to state the same things that 
McCafFerty does, and succeeds very well ; but the same evidence 
which convicts IMcCatferty, convicts Smith of the same falsehoods, 
and every statement of liis bearing upon the point at issue, is 
shown to be false and vmfounded, and not only are the statements 
of McCaffei'ty and Smith shown to be false, but tlie circumstances 
are shown to be such that they could not liave made any mistake, 
but tliat their misrepresentations are intentional. 

The pretension of Smitli tliat he was in command of the com- 
))any two hours, and did not know I was there, when it is shown 
that I was there the whole time, and in the exercise of my duty, 
is too ridiculous for further consideration ; it only exhibits the un- 
principled character of the one who made it. With such charac- 
ters as McCafferty and Smith to accuse me, what diflierence does it 
make what I did, or did not do, so far as their statements are con- 
cerned. 

-^ BufFum, pei'haps, would have told the plain tri^th,but he got in- 
to bad company and could not resist their influence. His first 
statement is a very harmless one. whether true or not; the next is 
all in my favor, disproving one of the main ])()ints of McCafFerty 
and Smith's, and is sustained by all the evidence. His next 
.statement is entirely dis))roved so far as it is injurious to me, and 
all there is left of his is that which is to my credit. 

Thus the whole of this formidable array of evidence, lirought 
to convict me of un-officer-like conduct, has melted away before 
this investigation, until there is not a shadow of it left, except that 
part of Buflum's which shows that I was in the discharge of my 
duty ; and the whole disgrace intended for me has been thrown 
back upon them, and like an envious character of old, they grace 
their own gibbet. 

"None but cotvards lie." 

Perhaps McCafFerty and Smith might escape the crime of false- 
hood in relation to a part of tlmir statements. It is unquestion- 
ably true, that many men do not know after they come out of an 
.engagement either what they have done tliemselves, or others 
/about them. The few questions which have been put, indicate 
vnretty clearly the state of mind of these men. McCafFerty filling 
/his pistol in the air and then losing it, and coidd give no further 
account ; Smith driving some of tlie men under our own fire, los- 
ing his pistol and sword scabbard, and Corp. Day testifies directly 
(to his excited appearance. 

/ If they choose to claim any regard for morality and set up the 

(plea of cowardice themselves, I am sure more evidence can be 

found to sustain it than they have brought to convict me, though 

I shall not volunteer my sei'vices in the delectable business of cow- 



U 



51 

ard hunting, for which they manifest so strong an inclination, but<A, 
unfortunately liave mistaken the scent, and been baying upon their^ 
own tracks. • 

Having fully considered the accusation against me, I think it 
proper for me to call attention /or a few moments to my own 
conduct as shown bythe evidence. I did all in my power to put 
the guns of my men in order. When ordered by my Col. to march 
into the swamp, I immediately led my company in, and took 
my place in line as quick as the circumstances would permit. 
Perceiving at once the difficulties of the situation, and of trans- 
mitting orders, I instructed my file closers to repeat all orders 
that wei'e given, then went to my superior officer. Major Matthew 
J. McCafferty, for information in regard to the situation. 

Does this conduct indicate that I had run away, or that I was 
just about to run away with fright ? In advancing from their po- 
sition to the edge of the clearing, I was directing the movements 
of my men as far as they were necessary, cautioning them not to 
fire at random ; the propriety of which may be inferred from the 
fact that the U. S. troops fired at least 75 000 rounds during the 
battle, and not seventy-five rebels were hit. 

When we arrived at the edge of the clearing, in full view of the 
enemy, at less than thirty -five rods by actual measurement from 
their line and buttery, — only half the distance of the )'ight compa- 
nies of ther cgiment, — instead of remaining six paces in the rear, 
as the tactics prescribe, I went immediately to the front of my 
company and gave an encouraging word to those near me, when 
one of my men was shot down, sent some to carry him out, then 
took one of their guns and encouraged my men — not by standing >v 
back in behind the brush threatening them, as the brave McCaf- ^ 
ferty and Smith did, but standing with those in the front and re- J 
turning the shot of the enemy, and this under fire that killed and 
wounded six men while we were firing about as many rounds, a 
loss much greater than that sustained by any other company in the 
same time, and it is clearly proved that I remained in thir position 
till I received information that the regiment had been ordered to 
some other place. I have known of officers being complimented 
for bravery, for having done no more than I did here, but they 
were more fortunate in their associates than I have been. Now 
where was a step taken, or a moment of time, that was not in the 
fearless discharge of my duty? 

I am quite certain I did not make so much noise as Smith, I 
can testify tojii^ screeching Jike a madman at the left of the com- 
pany ; but no one of all these witnesses heard any orders from him 
except those on the extreme left; but they heard my orders. 



52 

How does it appear again that he was in command of the corn- 
pa m/ when no one beard his orders ? I am aware that some offi- 
cers imagine that their consequence is increased by the amount of 
" orderiu"-"' they do; but I am not so dull a tactician, as not to 
know when that duty and propriety re(piires me to keep quiet. 

It has been shown that my men moved promptly, and that there 
was no occasion to " urge" them as Major llarkness has inquired, 
and every man was in (he line on the edge of the clearing, though 
the company occupied more than their usual space on account 
of the brush. Having noticed these points, I resume the review of 
my course. 

Having remained in the front until I knew that orders had been 
given to move to another position, what object, I ask, was there 
for me to leave my company then ? It was then my duty to go, 
and for my company to go too. I have stated what I did and ex- 
pected, and shall not extenuate the matter. The maliciousness of 
my accusers is so apparent, that I shall leave this point with the 
evidence I have bct'n allowed to introduce. 
/ Why did not Buftum and Smith follow the course I took, as it 
>-was their duty to do f Was it safer tor these brave Lieuts. to has- 
Vjjen back twenty or thirty rods hito the brush, than to pursue tlie 
course I did ? But did I not succeed as well as McCafferty and 
Davis did ? They only made about ten men hear. Buffum says 
about fifteen went with me. Now if I gave an order and saw 
fifteen men start to obey it, and that was about as many as could 
be seen at once there, was it not reasonable for me to suppose 
that my order was understood ? And was it not my duty to has- 
ten to overtake those of my company who iiad already gone, and 
there could have been no otlier object in hastening away, for I did 
not know at that time that tlie regiment were not still engaged ? 
If under these circumstances no satisfactory solution can be found of 
this division of my company, except that it was my fault, then 
adopt that", and let those who so much desire my harm make the 
most of it, if their purposes are not already accomplished by wrongs 
which can nevei- be repaired. It is not very pleasant, but the fu- 
ture will be more endurable than the past. 

When I came out into the road the hrst man I met was my Col., 
in front of where the regiment lay, not behind, as Smith and Buf- 
fum appeared. Has Col. Upton ever been among my accusers ? 
He has been assailed by tlie same Major who has accused me, and 
whose vile, slanderous tongue would ruin the reputation of an 
angel, if possible, if one should interfere with his tyranny, and 
this investigation developes fully the character of the slanderers 
of Col. Edwin Upton, as brave and noble a soldier as ever drew 
a sAvord. 

I have fnlly reviewed the statements and conduct of my 



53 

accusers, and of myself, tliroughout the entire engagement. If 
it appears that I did everything just as I should have done under 
these most difficult circimastances of a first engagement, I am sm-e 
I did better than I expected. I make no pretensions to bravery, 
do not choose to enter the lists with those who are so ambitious 
to gain all the credit that they must rob others of their due. If I 
have done wrong, why do not my accusers report ivhat I have 
done? ^Vhy resort to these infamous falsehoods, when the ti-uth 
would answer their purpose better r I certainly feel complimen- 
ted by this admission of my slanderers; their disposition to injure 
me is strong enough, but they seem entirely destitute of any 
means but those furnished by their own depravity. Fortunately, 
however much power others may have to destroy a man's repu- 
tation, his character rests with himself, if he has the fortitude to 
resist the temptations of low and vicious associates, not unfrequent- 
ly found in high positions in the army, and with whom one may 
there be compelled to associate. Perhaps, if I had had a compe- 
tent and respectable officer over me, I might have done better in 
the memorable swamp of Roanoke. 

I had prepared some material for an incidental investigation of 
the battle of Xewbern, as McCafferty had put many stories in 
circulation, but the adjournment of the Court pievented reaching 
the subject. I however introduce the following papers, which 
are quite sufficient to show the merits of his reports : — 

COMMONWEALTH OF MASSACHUSETTS. 
Worcester Co. ss. 

In the matter of the Court of Inquii-y. ralating to the conduct 
of Capt. Y. P. Parkhurst, of Co. I, 2oth Reg. Mass. Vols., I. Hor- 
ace James, Chaplain of the 2oth Reg. M. V., do make the follow- 
ing affidavit : — 

I was present at the battle of Xewbern, from the opening of it 
to the end of it. I am well acquainted with Capt. Parkhurst and 
Major M. J. McCafferty, formerly of the 25th Reg., now discharged, 
and saw them both several times, and in various positions before, 
during, and after, the engagement. Capt. Parkhurst went into 
the battle with the regiment, and remained with them and in com- 
mand of his company, until he was wounded, some two and a half 
or three hours afterwards. Major McCafferty did not go into the 
fight with the regiment, but sometime later, saying to me as he 
went in, " I do not feel able, but I will go in and try to do my 
duty." About one hour and a half afterward, I was returning 
from the hospital, in the rear, to the regiment. and met Major Mc- 
Cafferty coming to the rear. He said to me, " I am a used up 
man." This was durinir the engagement, and about the time that 



54 

the 25th was ordered to leave their first jmsition on the field, and 
support the battery of artillery near the road. J^eavinjij Major 
McCafterty in tlie rear, I j)assed on toward the battery of artillery 
to I'ejoin my regiment, and about ten minutes afterwards met 
Capt. Parkhurst being brought back from the field wounded. 
This was just at the moment that the stars and stripes began to 
wave w'ithin the breastwork of the enemy. 

The place where I met Capt. Parkhurst and conversed with 
him, might have been forty or fifty rods from the spot where I had 
left Major McCaffarty, and was in the midst of open pine woods. 
Major McCafferty did not rejoin the 25th during the fight, but 
subsequently followed them on foot, and overtook them before 
reaching the city of Newbern, entering the place with the regi- 
ment. Capt. Parkhurst remained at the hospital, near the battle 
ground, at which place he remained, until removed to Newbern on 
a subsequent day. 

HORACE JAMES. 

COMMONVVEALTH OF MASSACHUSETTS. 

Worcester Co. ss. 

I, E. B. Stohdard, a Notary Public, residing in the Co. of Wor- 
cester, aforesaid, certify, that on this first day of November, A. D., 
1862, personally a]>])eared before me, Horace James, who signed 
the foregoing affidavit in my presence, and made oath to the truth 
of the same, in above form of law. 

Witness my hand and seal the day and the year above written. 

E." P,. STODDARD, 
Notary Public. 



The following is a sample of the reports which this honorable 
Major has p\it in circulation. I was shot down in my place on the 
field, while McCafferty at the time was not with the regiment, 
but making " good time " to the rear, and continued till he had 
gone farther than the regiment moved at that time: — 

2h whom It may concern : 
Soon after Major McCafferty of the 25th Reg., Mass: Vols., re- 
signed and returned to Worcester, Mass., I was present at a con- 
versation of his, at the Massachusetts Spy Office, (most of which 
was directed to the Editor, Mr. Baldwin, while he was attending to 
his editorial matters) in relation to the cowardice, as he expressed 
it, of Capt. Parkhurst, of Co. I, of the Mass. 25th. He, the 
Major, was sitting at Mr. lialdwin's right hand, and I at his left, 
on the same side of the table, and the whole tenor of the conver- 



55 

sation was very severe upon Capt. Parklmrst. Among other 
things, lie said " that he, Capt..Parkliurst, at the battle of Newbern, 
made an attempt to skulk from his comjiany, to avoid going into 
the battle ; " when he, the Major, called out to him " to take 
his place, or he would shoot him ;"' he then remarked " that the 
Captain, rather than to go into action, placed his leg between two 
logs, then threw himself upon the ground for the purpose of break- 
ing his leg;'' when Mr. Baldwin remarked " that it would have 
required more courage to have done that, than to have taken his 
chance of being wounded in battle ;'" when McCafferty replied 
" that there was no hall hole through his pantaloons, or boot legs, 
and no flesh wound, only a fracture of the bone, which was made 
in the manner he had indicated." 

This conversation was lengtliy and very severe, and I well re- 
member the part in regard to the breaking of his leg, and the 
reply which Mr Baldwin made, for it struck me so strange at the 
time. 

THOMAS EARLE. 

Commonwealth of Massachusetts, 
wokcester, ss. 

Odoher 23, 1862. 
Then personally appeared the above named Thomas Earle, 
the signer of the above affidavit, and made oath that the same 
is true, accoi'ding to the best of his knowledge and belief. 
Before me, 

P. C. BACON, 
Justice of the Peace for said 
County of Worcester. 

A point of honor and gallantry truly ! He has been in two 
engagements, my superior officer in both, hft me on the field 
in both, and then runs home to spread such shameless reports. 
Why talk of Rebel baseness ? none ever desired to wTong me 
thus. 

" Thou almost mak'st me waver in my faith, 
To hold opinion with Pythagoras, 
Thati souls of animals infuse themselves 
Into the trunks of men." 



I 



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